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INSURANCE NO`C•, ON FILE N-2019-077 <br />WORK MAY �I I PROCEED <br />CLERK Or COUNCII.AGREEMENT WITH COM-STRAT, LLC TO PROVIDE <br />GATE: CONSULTING SERVICES RELATED TO THE <br />APR 3 Q 2019 ROLL -OUT OF THE CITY'S NEW PHONE SYSTEM <br />I Y \ C`� <br />M U� 4 -T�TIS AGREEMENT is made and entered into on this 18"' day of April, 2019 by and between <br />om-Strat, LLC, a California limited liability company ("Consultant"), and the City of Santa Ana, <br />a 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 />providing consultant services related to the roll -out of the City's new phone system. <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 Exhibit A, attached hereto and <br />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 in Exhibit B. The total amount to be expended <br />during the term of this Agreement shall not exceed $24,900. This amount includes the <br />base amount of $19,500 referenced in Exhibit B, and a contingency amount of $5,400 <br />for services to be provided at the sole discretion of the City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Page 1 of 8 <br />