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INSURANCE ON FILE WORK MAY PROCEED Q� UNTIL. INSURANCE EXPIRES &11 Cil, Atte WC, PmP : 5-1�t8 CLERK OF COUNCIL. N-2018-095 DATE;3t� 3 4 141A MAINTENANCE AGREEMENT WITH O: SAPD (/) Lao Xtcul�e2 FARC — DRIVER TRAINING SIMULATOR (Oath- Se a'-) Fiscal '1'141S AGREEMENT is made and entered into this 22nd day of November, 2017 by and between FARC, Inc,, a Michigan corporation ("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 ("City") RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of maintenance fora Driver Training Simulator used to teach officers emergency and pursuit driving'skills. S. Consultant represents that Consultant is able and willing to provide such services to the City and has provided ongoing maintenance and support set vices for the Driving Training Simulator since 2006. 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: i. SCOPE OF SERVICES Consultant shall perform during the tern of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Quote #000432, identified as Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A, The total amount to be expended for this Agreement shall not exceed $21,681.56, 71rc sum of this amount includes a contingency amount of $5,000 for work to be performed at the sole discretion of the City. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work perfonmed, 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. Page I of 8