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D 0 INSURANCE_ ON RE WORK MAY PROCEED UNTIL INSURANCE EXPIRES C.- g,Ai CITY RK CL DATE: F�EB 0 1 2024 A Zvi A-2023-203 Pw CONSULTANT AGREEMENT BETWEEN AVEVA SELECT CALIFORNIA AND THE g,QAA4r CITY OF SANTA ANA FOR WONDERWARE SOFTWARE SUPPORT SERVICES AND LICENSING THIS AGREEMENT is made and entered into on this 21st day of November, 2023, by and between AVEVA Select California ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant have special skill and knowledge in the field of Supervisory Control and Data Acquisition ("SCADA") software, hardware, and installation services to the City's Public Works Agency. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Consultant's Proposal & Fee Schedule, attached hereto and incorporated herein by reference as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Consultant's Proposal & Fee Schedule (see Exhibit A.) The total compensation provided to Consultant for its services during the entire term of the Agreement shall not exceed $291,621.75, which is comprised of: (1) a base amount of $277,735.00 and (2) a five percent (5%) contingency in the amount of $13,886.75 for additional as -needed services, to be exercised at City's sole discretion. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 9