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Page 1 of 10 <br /> <br />AGREEMENT WITH ATIMS TO PROVIDE <br />JAIL MANAGEMENT SOFTWARE SERVICES <br /> <br />THIS AGREEMENT is made and entered into this 18th day of January, 2022 by and <br />between Act 1 Group, Inc., a California corporation doing business as Advanced Technology <br />Information Management Systems, (“ATIMS” or “Consultant”), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (“City”). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing warranty, support, and maintenance services for the Jail Management Software <br />(“JMS”) implementation for the Santa Ana Detention Facility. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. City and Consultant agree, that if this agreement is approved by the City Council, that <br />services provided by the Consultant from December 19, 2021 through January 18, 2022, <br />will be recognized as work performed in furtherance of this Agreement and will be <br />compensated per the terms set forth below. <br /> <br />D. 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 be <br />expected from a professional consulting firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in the attached Scopes of Service, <br />identified as Exhibits A and B, attached hereto and incorporated by reference. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified as Exhibits A and B. The total amount for this <br />Agreement shall not exceed $268,223. The sum of this amount shall include a <br />contingency amount of $30,000 for work assigned at the sole discretion of the City. <br /> <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures.