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Page 1 of 9 <br />CONSULTANT AGREEMENT BETWEEN AVEVA SELECT CALIFORNIA AND THE <br />CITY OF SANTA ANA FOR WONDERWARE SOFTWARE SUPPORT <br />SERVICES AND LICENSING <br />THIS AGREEMENT is made and entered into on this 21st day of November, 2023, by and <br />between AVEVA Select California (“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.The City desires to retain a consultant have special skill and knowledge in the field of <br />Supervisory Control and Data Acquisition (“SCADA”) software, hardware, and <br />installation services to the City’s Public Works Agency. <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 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 />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 Consultant’s Proposal & Fee <br />Schedule, attached hereto and incorporated herein by reference as Exhibit A. <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 Consultant’s Proposal & Fee Schedule (see <br />Exhibit A.) The total compensation provided to Consultant for its services during the <br />entire term of the Agreement shall not exceed $291,621.75, which is comprised of: (1) <br />a base amount of $277,735.00 and (2) a five percent (5%) contingency in the amount <br />of $13,886.75 for additional as-needed services, to be exercised at City’s sole <br />discretion. <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. P ayment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />EXHIBIT 1