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<br />" <br /> <br />iNSI rM~ll Nm ON hLL <br />vvorm MAY NQT PfWCEED <br />CLERK OF COUNCIL <br />DATE: AlIPI06 <br /> <br />A-2005-093 <br /> <br />o A\!J4 <br />(v~A'j <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 2nd day of May, 2005 by and between <br />TransCore ITS, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />Traffic Management Center system upgrades, maintenance and operational support <br />services. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2, COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in EXhib.it B. The total sum to be expended under this ~ <br />Agreement shall not exceed $65,OOO.00fIuringJ~~ t7Jm of this Agreement. <br />fP" ~ 'F'" Dc.. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subj ect 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 /> <br />/)--"j <br />-r-- <br /> <br />3, TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2007, unless terminated earlier in accordance with Section 12, below. The City may elect to <br />