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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 1St day of December, 2008 by and between <br />Phoenix Group Information Systems, a California corporation (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />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 represents that Consultant is able and willing to provide such <br />services to the 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 />SCOPE OF SERVICES <br />Consultant shall perform parking citation and refund services as set forth in City's Request <br />For Proposal for Automated Parking Citation Processing System and Consultant's Proposal dated <br />November 5, 2008, attached hereto as Exhibit A and incorporated to this Agreement by this <br />reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall <br />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 invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for <br />work which fails to meet the standards of performance set forth in the Recitals which may reasonably <br />be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first stated above and terminate on December <br />31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. <br />25Q-3 <br />