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<br />t~PMJIt <br />(t. . (~J4I.\",) <br /> <br />'INSUR'IÌNCE ON FILE <br />. WORK MAY PROCEED <br />UNT!~ IN, SURANÇE EXPIRES <br />./j -I-().l - <br />CLERK OF COUNCIL. .J <br />OATE: 1- ~óI-()'t <br />sf- T; <br />THIS AGREEMENT made and entered into this ~ I day of ...IM¿¡a.r~, <br />2003 by and between ITERIS, Inc., a Delaware corporation (hereinafter "Consulta t"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution ~1l1d Lt\\S oCthe State c)CC"liflJlll;" (hcrciml'kT "City'} <br /> <br />N-2004-003 <br /> <br />CONSULTANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of repair and maintenance of the ITIS computer system. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected ITom a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform monthly preventative maintenance services for the Santa <br />Ana ITIS system, as set forth in Exhibit A to this Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $9,860.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) 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 set <br />forth in the Recitals which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />June 30, 2004, unless terminated earlier in accordance with Section 12, below. The term <br />of this Agreement may be extended upon a writing executed by the Executive Director of <br />the Public Works Agency and the City Attorney. <br />