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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 17th day of November, 2008 by and <br />between Crosstown Electrical & Data, Inc., a California corporation (hereinafter "Consultant'), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />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 />maintenance and repair of CCTV, Communication Systems, CMS, TMC equipment, <br />twisted pair and fiber optic cables. <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 provide on call maintenance and repair of for the Santa Ana Traffic <br />Management Center (TMC), including CCTV, Communication Systems, CMS, TMC equipment, <br />twisted pair and fiver optic cables, as set forth in Exhibit A to this Agreement. Said services <br />shall be provided on an on-call basis, upon the written request of the Executive Director of <br />Public Works or his designated representative. <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 $50,000.00, per year, 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 />25N-3 <br />