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CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 18th day of December, 2018, by and <br />between Act I Group, Inc., a California corporation doing business as Advanced Technology <br />Information Management Systems, ("ATIMS" or "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. The City desires to retain a consultant having special skill and knowledge in the field of <br />maintenance and services for the Jail Management Software and enhancement to interface <br />with the Tri -Tech systems for the Santa Ana Detention Facility. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 be <br />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 during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in the attached Scopes of Service, <br />identified as Exhibit A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified as Exhibits A and B. The total amount for this <br />Agreement shall not exceed $290,591 during the term of this Agreement. The sum of <br />this amount shall include $210,591 for the base agreement; $55,000 for interface <br />enhancements and a contingency amount of $25,000 for work assigned at the sole <br />discretion of the City. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 8 <br />25B-3 <br />