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Page 1 of 9 <br /> <br />AGREEMENT WITH AVOCETTE TECHNOLOGIES, INC. TO PROVIDE <br />IMPLEMENTATION SERVICES FOR LAND MANAGEMENT SYSTEM <br /> <br />THIS AGREEMENT is made and entered into on this 1st day of July, 2021, by and between <br />Avocette Technologies, Inc., a Canadian corporation (“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. On August 24, 2020, the City issued a Request for Proposals (RFP No. 20-108) for an <br />Enterprise Land management System and Implementation Services. The RFP included <br />extensive system requirements and objectives that are incorporated herein by this <br />reference. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such <br />implementation services to the City for the Clariti Platform Enterprise Land <br />Management System. <br /> <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 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 Statement of Work attached <br />hereto as Exhibit A 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 in the Project Fixed Price attached hereto as <br />Exhibit B and incorporated by reference. The total amount to be expended during the <br />term of this Agreement shall be $1,171,079, plus a 30% contingency of $351,324, for <br />a total not to exceed amount of $1,522,403. <br /> <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. A 10% <br />holdback shall be applied against each deliverable. The 10% holdback invoice will be <br />issued ten (10) days after the final deliverable D26 – Go Live and the completion of all <br />outstanding issues. Payment need not be made for work which fails to meet the