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INSURANCE ON FILE N-2018-212 WORT{ MAY PROCEED UNTIL INSURANCE EXPIRES c t ,kuin :9 I—tq 'VX: b-� 99_19 CLEM OF COUNCIL DATE. NOV 19 2018 AGREEMENT TO PREPARE AND MAINTAIN 0 TT O) MOBILE APPLICATION AND NOTIFICATION SYSTEM (-rM t/0 THIS AGREEMENT is made and entered into on this 25th day of October, 2018 by and between 634Civic, LLC; a California limited liability company ("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 creating and maintaining a mobile application and notification system,.to allow for improved workflows and better communication between staff members as well as a desire for increased citizen engagement. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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: 1. SCOPE OF SERVICES Consultant shall perform during the term 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 for the initial set-up, integration and annual maintenance as set forth in 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 under the terms of this Agreement shall not exceed $24,600: The Parties agree that any additional costs for ongoing annual maintenance are subject to review and approval by the City through execution of a new agreement or purchase order. 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 which may reasonably be expected by City. Page I of 8