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AGREEMENT WITH SDI PRESENCE, LLC, TO PROVIDE SYSTEM SELECTION <br />PROFESSIONAL SERVICES FOR THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 6th day of December, 2022 by and between <br />SDI Presence, LLC, a Delaware company ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of system selection professional services. <br />B. Consultant represents that it is able and willing to provide such services to the City. <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 consulting 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 />Consultant shall perform during the term of this Agreement the services that are described <br />in the Scope of Work, which is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a_ City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit A. The total sum <br />to be expended under the term of this Agreement, including any One Hundred <br />Twenty -Eight Thousand, Three Hundred Forty -Four Dollars and Zero Cents <br />($128,344.00). This sum is comprised of (1) the base amount of $102,675 and (2) <br />a contingency in the amount of $25,669 for additional services at the City' sole <br />discretion. <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 that fails to meet the standards of performance <br />set forth in the Recitals and Scope of Work, which may reasonably be expected by <br />City. <br />Page 1 of 10 <br />