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INSUNANCE ON pILC A- 2016 -031 WORK MAY PROCEED UNTIL INSURANCE EXPIRf Ate CLLRKOE COUNCIL GATE t� -C% "Lt EQUIPMENT PURCHASE AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this 1 st day of March, 2016 by and between Pen - Link, Ltd., a Nebraska corporation (hereinafter "Consultant "), 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 equipment necessary for a wire room monitoring and analysis system and maintenance of said system. 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. The total amount expended under this Agreement shall not exceed $228,182. $150,000 will be for purchase of the equipment which will include the Pen Link PLX system, 12 workstations, and the first year of maintenance. $78,182 will be for the system maintenance costs in years 2 -4 which will be $24,800, $26,040, and $27,342, respectively. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City's accounting procedures. 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. �1 This Agreement shall commence on the date first written above and terminate on February 28, 2020 unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the parties.