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., <br />INSURANCE ON FILE <br />WURt( MAY PROCEED <br />LIfJTIL INSURANCE EXPIRES <br />lo_l~c~s , <br />CLERK OF COUNCIL. <br />oar~~ 3,.~-~s <br />C <br />CONSULTANT AGREEMENT <br />A-2005-037 <br />THIS AGREEMENT made and entered into this 7th day of February, 2005 by and <br />between Phoenix Group Information Systems, a California corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />processing parking citations and collection of parking penalties. <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 those services as set forth in City's Request For Proposal for <br />Automated Parking Citation Processing System, Consultant's Proposal dated September 9, 2003, <br />both of which are incorporated to this Agreement by this reference, and the Scope of Service <br />attached hereto as Exhibit A. <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 A. The total sum to be expended under this <br />Agreement shall not exceed $130,000.00, annually, during the term of this 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. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on January 1, 2005 and terminate on December 31, <br />2005, unless terminated earlier in accordance with Section 12, below. Upon expiration of the <br />