25G - AGMT - CLAIMS MGMT SOFTWARE

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CONSULTANT AGREi EMENT THIS AGREEMENT, made and entered into this _____ day of October, 2014 by and between Ventiv Technology Inc. Pk/a Aon e8olutions, Ino., 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 "). A. Consultant and City entered into Agreement A 1999 -003, Bated March 16, 1999, for the installation, training and maintenance of the City's Personnel Services Agency's workers' compensation liability claims software program. Subsequent agreements and extensions have provided the City with uninterrupted use of the Consultant's software program, B. City as the licensee of Software Products owned and developed by Consultant desires to continue to utilize Consultant to provide upgrades, maintenance and support of the liability and claims software programs, Consultant represents that it 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 the field of workers' compensation statutory and regulatory compliance and is able to provide upgrades, maintenance and support of both the workers' compensation and liability claims programs to keep it in compliance with statutory and regulatory changes, in a professional and timely manner; 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 services at the level as set forth lathe Ventiv Support Service Level, attached hereto as Exhibit B and incorporated herein by 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 the Renewal Information sheet, attached hereto as Exhibit A and incorporated herein by reference. The total sum to be expended under this Agreement shall not exceed.. $55,000,00 per year during the initial term of this Agreement. It is hereby agreed that the compensation rate for this Maintenance Agreement during any extension period shall either be the same as the current year's rate or at an increase not to exceed five percent (5 %). 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 25G -3