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INSUR°' ­ ,, ;N �T ON FILE <br />WORK. , ,, ;y a PROCEED <br />CLERK OF COUNCIL <br />nATE, 2009 <br />�2� CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 5'h day of January, 2009 by and <br />between Video Engineering Services (hereinafter "Consultant"), and the City of Santa <br />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 <br />field of video equipment maintenance and use. <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 <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform those equipment scheduling and maintenance services as <br />set forth in Exhibits A, B, C and D, attached hereto and incorporated by this reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit E. The total sum to be expended <br />under this Agreement shall not exceed $99,660.00, annually, during the term of this <br />Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on February 1, 2009 and terminate on January <br />31, 2010, unless terminated earlier in accordance with Section 12, below. The Parties <br />may elect to renew the Agreement for up to four (4) successive one-year periods, by the <br />