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AGREEMENT WITH ITERIS, INC., TO PROVIDE ON -CALL TRANSPORTATION <br />AND TRAFFIC ENGINEERING SERVICES <br />THIS AGREEMENT is made and entered into this 15th day of February 2022, by and between <br />Iteris, Inc., a Delaware corporation ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On November 2, 2021, the City issued Request for Proposal No. 21-125, by which <br />it sought a qualified consultant to provide on -call transportation and traffic <br />engineering services 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 21-125. <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. 21-125, which is attached as Exhibit <br />A and incorporated in full, and as further described in Consultant's Proposal, which is attached as <br />Exhibit B and incorporated in full. <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 the Fee <br />Schedule, which is attached as Exhibit C and incorporated in full. Consultant is <br />one of three (3) consultants selected to provide services on an on -call basis under <br />RFP 21-125. The total annual compensation for services provided by all <br />consultants selected under RFP No. 21-125 shall not exceed the shared aggregate <br />amount of one million dollars and zero cents ($1,000,000). <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 />Page 1 of 10 <br />