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CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this __ day of April 2016, by and <br />between ICapsch TrafficCom USA, Inc. ( "Consultant ") and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ( "City "), <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in <br />providing software maintenance support for the Supervisory Control and Data <br />Acquisition System (SCADA) software for the City's water production facilities, as <br />well as additional programming and training as necessary. <br />B. Consultant has been providing software maintenance support for the SCADA <br />software system and the City wants to continue these services with Consultant. This <br />Agreement shall cover services provided since January 1, 2016, for continuous <br />uninterrupted service. <br />C. Consultant represents that Consultant is able and willing to provide such services to <br />the City. <br />D. 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 <br />be expected from a professional consulting fine 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 />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A and incorporated by <br />reference to and made part of this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />the rates and charges identified in Exhibit B and incorporated by reference to and made part of <br />this Agreement, The total sum to be expended under this Agreement shall be Fifty Thousand <br />Dollars ($50,000.00) annually, with a total aggregate not to exceed One hundred and Fifty <br />Thousand Dollars ($150,000.00) daring the 3 year term of this Agreement. <br />b. Payment by City shall be made within forty -five days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work that fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />P,2812& <br />Exhibit 1 <br />