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1 <br />AGREEMENT WITH INVENGO AMERICA CORPORATION DOING BUSINESS AS <br />FE TECHNOLOGIES FOR RFID CONVERSION FOR THE SANTA ANA PUBLIC <br />LIBRARY <br />THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and <br />between Invengo America Corporation, a Texas corporation doing business as FE Technologies. <br />(“Consultant”), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (“City”). City and Consultant <br />are also collectively referred to herein as “the Parties.” <br />RECITALS <br />A.City desires to hire a Consultant to convert the Library circulation system to RFID <br />technology. In addition, the City is looking to purchase hardware needed to operate the <br />system including two (2) self-check-out kiosks, eight (8) circulation assistant pads, and <br />four (4) security gates. The conversion would also include training and support for the new <br />system. <br />B.Consultant submitted a proposal for RFID conversion in response to a Request for Proposal <br />(“RFP”) issued by the City of San Leandro (“San Leandro.”) City is piggybacking on San <br />Leandro’s RFP process as authorized by Santa Ana Municipal Code Section 2-807(d). <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 />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 />a.Consultant shall perform the services that are described in Exhibit A including <br />RFID conversion of the Library system with two (2) self-check-out kiosks, eight <br />(8)circulation assistant pads, installation of four (4) security gates, and training and <br />technical support as outlined in Consultant’s proposal dated February 10, 2021 and <br />incorporated by reference as though fully set forth herein. <br />b.Consultant’s terms and conditions in Exhibit B are incorporated by reference with <br />the exception of items #c, d and g, wherein the City has 45 days to pay all <br />invoices instead of 30 days. Where this Agreement contradicts any term or <br />condition in Exhibit B, this Agreement shall be controlling. <br />2.COMPENSATION <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 Exhibit C. The total amount authorized during <br />Exhibit 1