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INSURANCE NOT ON FILE A-2018-150 <br />WORK MAY NE PROCEED <br />CLERKOFCOUNCIL <br />DATE JUN 2 2 2018. <br />GREEMENT FOR SOFTWARE MAINTENANCE AND <br />plop i C r) DEVELOPMENT SERVICES ON AN ON-CALL BASIS <br />L 5 I"'' THIS ACxREEMENT is made and entered into this 5th day of June, 2018 by and between MVR <br />Consulting ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On March 5, 2018, the City issued Request for Proposal No. 18-002, by which it <br />sought a consultant to provide software maintenance and development services on <br />an on-call basis for the City's Public Works Agency, <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 18-002 and addenda <br />thereto. <br />C. 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 <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on-call basis, and at the City's sole discretion, Consultant shall perform the services <br />described in the scope of work that was included in RFP No. 18-002 and attached as Exhibit A. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />Consultant is one of two consultants selected to provide services on an as -needed <br />basis under RFP No. 18-002. The total annual compensation for services provided <br />by all consultants selected under RPP No, 18-002 shall not exceed $50,000 during <br />the term ofdie Agreement, including any extension periods. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page I of <br />