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A-2016-347 <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 6TH day of December, 2016 by and between <br />MIGRATION TECHNOLOGIES (MiTECH) ("Consultant'), and the CITY OF SANTA ANA, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"), <br />RECITALS <br />A. On September 28, 2016, the City issued Request for Proposal No. 16-124, by which <br />it sought a consultant to provide assistance with the implementation of the Cherwell <br />IT Service Management System (ITSM) for the City of Santa Ana Information <br />Technology Department, <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows; <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A, and incorporated by <br />reference to this Agreement. Consultant's proposal is also incorporated by reference as though <br />fully set forth herein. <br />2. COMPENSATION <br />a, City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit lI and incorporated by reference to this <br />Agreement, The total surra to be expended under this Agreement shall not exceed <br />$150,000 for the term of the Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page 1 of 8 <br />