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INSURANCE ON FILE ANORK MAY PROCEED UNTIL NSUR.A,N�CEXPIRES EXPIRS CLERK O"f- �COUNCII. 41 DATE: ) F1 ;L411a 2& CONSULTANT AGREEMENT A-2016-361 THIS AGREEMENT is made and entered into this 6th day of December, 2016 by and between CDCE, Inc., 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 installation of mobile data computers ("MDC") and maintenance of the equipment. City issued a Request for Proposal for purchase and installation of MDCs on October 3, 2016, RFP No. 16- 122. B. Consultant submitted a proposal dated October 14, 2016 in response to RFP No. 16-122, Consultant was selected as the most qualified proposal and represents that Consultant is able and willing to provide such services as outlined in its proposal 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 a. Consultant shall provide MDCs and equipment as specified in Exhibit A; b. Consultant shall install MDCs and equipment as specified in Exhibit B and c. Consultant shall warranty MDCs and equipment as specified in Exhibit C. 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 D. The base cost of the Agreement will be $1,097,771.56 plus a $75,000 contingency to be used as the City's sole discretion. The total sum to be expended under this Agreement shall not exceed $1,172,771.56 during the term of this Agreement. b. Payment will be made pursuant to payment milestones as follows: 1) Order of Equipment-33% of base cost of Agreement; 2) Approval of First Crown Victoria Installation-33% of base cost of Agreement; and 3) Completion of Equipment Installations-34% of base cost of Agreement. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City 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.