25D - AGMT - VIDEO SECURITY SYS 2

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THIS VIDEO SECURITY ENHANCEMENT PROGRAM AGREEMENT is made and entered into this 1st day of December, 2015 by and between Siemen's Industry, Inc., a Delaware 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 video security system design, engineering, architecture, and installation for enhancement/expansion of the City's existing video security system into the Historic Downtown District. B. The City desires to retain a consultant having special skill and knowledge in the field of video security system design, engineering, architecture, and installation for replacement of the Santa Ana Police Detention Facility's legacy video security system. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. 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 perform those services as set forth in Exhibit A (downtown security system) and Exhibit B (detention security system) to this Agreement which will include design, engineering, architecture, complete installation, and initial training. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and Exhibit B respectively. The total sum to be expended under this Agreement shall not exceed one million, three hundred seventy - seven thousand, four hundred and ninety -three dollars ($1,377,493.00) plus a 10% contingency ($137,750.00) to be used at the sole discretion of the City for a total not to exceed amount of one million, five hundred and fifteen thousand, two hundred and forty - three thousand dollars and zero cents ($1,515,243.00) during the term of this Agreement. b. Payments will be made as follows: a. 50% of the Agreement cost will be billed within the first three months (by March 31, 2016) for equipment and engineering costs; b. 40% of the Agreement cost will be billed within the next six months (by September 30, 2016); and c. 10% of the Agreement cost will be billed between September 2016 and November 30, 2016 during the commissioning and after the punch list is completed. 25D -4