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_ J "Pr INSURANCE NOT ON f A-2005-113 WORK MAY NOT PROCEED CLERK OF COUNCIL CONSULTANT AGREEMENT DATE: THIS AGREEMENT, made and entered into this day of "'J� , 2005 by and between Sec.Sol, Inc. DBA Security Solutions Inc., a California Corporation (hereinafter "Consultant" or "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of security system installation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall perform those services as set forth in Exhibit A ( Request for Proposal 05-35 "RFP") and Exhibit B (Security Solutions Design Build Security Management System Proposal for City of Santa Ana West Pumping Station, May 6, 2005) to this Agreement. In the event of a conflict between the terms of this Agreement and any attachments and/or Exhibits hereto, the terms of this Agreement shall prevail followed by the terms of Exhibit A (Request for Proposal) followed by the terms of Exhibit B (Security Solutions Design Build Security Management System Proposal) B. Warranty and Guarantee: The Consultant shall guarantee and warrant the performance of the SMS System hardware and associated software and installation, as specified herein for a period of one year following the date of cancellation and formal acceptance of the work as specified in the RFP. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $188, 838.00 during the term of this Agreement.