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INSURANCE ON FILE A-2018-149 WORK MAY PROCEED UNTIL iNSU N E EXPIRES _ 1 CLERKOF, U CIILL �(✓� DATA; JUN 2 2 2018 AGREEMENT FOR SOFTWARE MAINTENANCE AND 0 ` ? \At r' k) DEVELOPMENT SERVICES ON AN ON -CALL BASIS a - THIS AGREEMENT is made and entered into this 5th day of June, 2018 by and between AECOM ("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. On March 5, 2018, the City issued Request for Proposal No. 18-002, by which it sought a consultant to provide software maintenance and development services on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in REP No. 18-002 and addenda thereto. 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 contracting 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 On an on -call basis, and at the City's sole discretion, Consultant shall perform the services described in, the scope of work that was included in RFP No. 18-002 and attached as Exhibit A. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide services on an as -needed basis under RFP No. 18-002, The total annual compensation for services provided by all consultants selected under RFP No. 18-002 shall not exceed $50,000 during the term of the Agreement, including any extension periods. b. 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 and Scope of Work, which may reasonably be expected by City. Page t of 8