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Wf,K NO"',M)T PROCEED A-2021-033 DATL AGREEMENT WITH EWENGO AMERICA CORPORATION DOING BUSINESS AS FE TECHNOLOGIES FOR RFID CONVERSION FOR THE SANTA ANA PUBLIC LIBRARY Comas) G) LB THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between Invengo America Corporation, a Texas corporation doing business as FE Technologies. ("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"). City and Consultant are also collectively referred to herein as "the Parties" RECITALS A. City desires to hire a Consultant to convert the Library circulation system to RFID technology. In addition, the City is looking to purchase hardware needed to operate the system including two (2) self -check-out kiosks, eight (8) circulation assistant pads, and four (4) security gates. The conversion would also include training and support for the new system. B. Consultant submitted aproposal for RFID conversion in response to a Request for Proposal ("RFP") issued by the City of San Leandro ("San Leandro.") City is piggybacking on San Leandro's RFP process as authorized by Santa Ana Municipal Code Section 2-807(d). 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 a. Consultant shall perform the services that are described in Exhibit A including RFID conversion of the Library system with two (2) self -check-out kiosks, eight (8) circulation assistant pads, installation of four (4) security gates, and training and technical support as outlined in Consultant's proposal dated February 10, 2021 and incorporated by reference as though fully set forth herein. b. Consultant's terms and conditions in Exhibit B are incorporated by reference with the exception of items #c, d and g, wherein the City has 45 days to pay all invoices instead of 30 days. Where this Agreement contradicts any term or condition in Exhibit B, this Agreement shall be controlling. 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 C. The total amount authorized during