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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 4`1' day of February, 2008 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 has provided said services to City since 2005 and has agreed to provide the <br />services for an additional one-year term. <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 incompliance 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 parking citation and refund services as set forth in City's <br />Request For Proposal for Automated Parking Citation Processing System, Consultant's Proposal <br />dated September 9, 2003, both of which are incorporated to this Agreement by this reference, and <br />the Scope of Service 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 Agreement <br />shall not exceed $275,000.00 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 be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first stated above and terminate on <br />December 31, 2008, unless terminated earlier in accordance with Section 12, below. In an effort <br />to provide continuous service, the parties agree that services provided since January 1, 2008 shall <br />be included within the Scope of this Agreement. <br />25D-3 <br />