25I - TRAFFIC DATA SERVICES - Laserfiche WebLink

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CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 151h day of November, 2010 by and between Pacific Traffic Data Services, 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 traffic counts services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking 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 firm 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 provide traffic counting services on an as-needed basis, as set forth in City's "Request for Proposals - Annual Contract For Traffic Counting Services" and the specifications attached hereto as Exhibit A and incorporated by this reference. All services will be provided in conformance with Consultant's Proposal dated September, 13, 2010, on file with the Public Works Agency and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and incorporated by reference. The total sum to be expended under this Agreement shall not exceed $30,000.00, 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. The invoice shall provide a description of the location and purpose of the count and the person requesting the count, in addition to a detailed breakdown of the services, tasks, hours, and unit costs of the hourly rates. City shall retain ten percent (10%) of payment for each task until the task is complete. 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 written above and terminate on December 31, 2011, unless terminated earlier in accordance with Section 13, below. This Agreement may be renewed for an additional one-year period upon the same terms and conditions set forth herein. The term of this 1 251-3