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A-2015-277 <br />THIS VIDEO SECURITY ENHANCEMENT PROGRAM AGREEMENT is made and entered into this 1st <br />day of December, 2015 by and between Siemen's Industry, Inc., a Delaware corporation, (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State of California (hereinafter "City"). <br />A. The City desires to retain a consultant having special skill and knowledge in the field of video <br />security system design, engineering, architecture, and installation for enhancement/expansion <br />of the City's existing video security system into the Historic Downtown District. <br />B. The City desires to retain a consultant having special skill and knowledge in the field of video <br />security system design, engineering, architecture, and installation for replacement of the Santa <br />Ana Police Detention Facility's legacy Video security system. <br />C. Consultant represents that Consultant is able and willing to provide such services to 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 Agreement <br />will be performed In compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field, <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibilt A (downtown security system) <br />and Exhibit IS (detention security system) to this Agreement which will include design, engineering, <br />architecture, complete installation, and initial training. <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A and Exhibit 6 respectively. The total sum to be <br />expended under this Agreement shall not exceed one million, three hundred seventy- <br />seven thousand, four hundred and ninety-three dollars ($1,377,493.00) plus a 10% <br />contingency ($137,750.00) to be used at the sole discretion of the City for a total not to <br />exceed amount of one million, five hundred and fifteen thousand, two hundred and forty- <br />three thousand dollars and zero cents ($1,515,243,00) during the term of this <br />Agreement. <br />b, Payments will be made as follows: <br />a. 50% of the Agreement cost will be billed within the first three months (by March 31, <br />2016) for equipment and engineering costs; <br />b. 40% of the Agreement cost will be billed within the next six months (by September <br />30, 2016); and <br />c. 10% of the Agreement cost will be billed between September 2016 and November <br />30, 2016 during the commissioning and after the punch list is completed, <br />