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A-2017-076 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 191h day of April, 2017, by and <br />between C!*Plus, Inc., a Kansas corporation (hereinafter "Cons ulta€ t"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />iw <br />RECITALS <br />®fCLA. <br />The City desires to retain a consultant having special skill and knowledge in the <br />field <br />W! �! <br />of activity registration and site reservation software including maintenance <br /><3 � C� �' <br />and support (CivicRec). <br />uo <br />w <br />� ` <br />B. Consultant represents that Consultant is able and willing to provide such services <br />o 0 <br />to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is.knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the 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 its Proposal, attached <br />hereto and incorporated herein as Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for <br />its services, the rates and charges identified in the Pricing Schedule <br />attached hereto and incorporated herein as Exhibit B. The total sure to <br />be expended under this Agreement for installation (from April 19, 2017 <br />through November 30, 2017) shall not exceed $22,000 which includes a <br />10% contingency. <br />Thereafter, from December 1, 2017 through November 30, 2020 (plus <br />any renewal periods) Compensation shall be at a cost of 1 % per net <br />transaction with an amount not to exceed $15,000 per year ("Cap") for <br />on -going maintenance and support. The total amount for the entire <br />Agreement Term including the renewal options shall not exceed $97,000. <br />C. City shall notify Consultant in writing when ninety percent (90%) of the <br />Cap has been reached at any time during the Term of this Agreement. It <br />is agreed that upon reaching the ninety percent (90%) threshold <br />mentioned above, the Parties shall meet to discuss amending the <br />Agreement to increase the Cap in order to cover the services for the <br />