PHOENIX GROUP INFORMATION SYSTEMS 3 - 2008

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~~ INSURi~i,E ON FILE GrUiit, cJ~, 'rRGCEED Ulul ~~ uraUkANCE EXPIRES io- I-o`6 6LERi; OF COUiVCIL DAZE: a_7_O~S P~ (~) I~~~ ~,-a:g~ (Own CONSULTANT AGREEMENT A-2008-026 THIS AGREEMENT made and entered into this 4th day of February, 2008 by and between Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), 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 processing parking citations and collection of parking penalties. B. Consultant has provided said services to City since 2005 and has agreed to provide the services for an additional one-year term. C. In undettaking 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 fine 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 Consultant shall perform parking citation and refund services as set forth in City's Request For Proposal for Automated Parking Citation Processing System, Consultant's Proposal dated September 9, 2003, both of which are incorporated to this Agreement by this reference, and the Scope of Service attached hereto as Exhibit A. 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 $275,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first stated above and terminate on December 31, 2008, unless terminated earlier in accordance with Section 12, below. In an effort to provide continuous service, the parties agree that services provided since January 1, 2008 shall be included within the Scope of this Agreement.