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INSURANCE ON FILE <br /> WORK MAY PROCEED N-2024-269 <br /> UNTIL INSURANCE EXPIRES <br /> CITY CLI_. <br /> DATE: AUG 1 5 2024 <br /> 'LT CO) <br /> AGREEMENT WITH SDI PRESENCE, LLC,TO PROVIDE SYSTEM SELECTION <br /> � <br /> } - PROFESSIONAL SERVICES FOR THE CITY OF SANTA ANA <br /> THIS AGREEMENT is made and entered into this 25th day of July, 2024, by and between SDI <br /> Presence, LLC, a Delaware limited liability company("Consultant"), and the City of Santa Ana, <br /> a charter city and municipal corporation organized and existing under the Constitution and laws of <br /> the State of California ("City"). <br /> RECITALS <br /> A. The City desires to retain a consultant having special skill and knowledge in the field of <br /> system selection professional services. <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 services that are described <br /> in the Statement of Work, which is attached hereto and incorporated herein as Exhibit A. <br /> 2. COMPENSATION <br /> a. City agrees to pay,and Consultant agrees to accept as total payment for its services <br /> under this Agreement, the rates and charges identified in Exhibit A. The total sum <br /> to be expended under the term of this Agreement,including extension periods,shall <br /> not exceed $47,900.00, which is comprised of(1) the base amount of$33,100.00 <br /> and (2) a contingency in the amount of $14,800.00, for any additional and as- <br /> needed services to be exercised at the City's sole discretion. <br /> b. Payment by City shall be made within forty-five (45) days following receipt of <br /> proper invoice evidencing work performed, subject to City accounting procedures. <br /> City and Consultant agree that all payments due and owing under this Agreement <br /> shall be made through Automated Clearing House (ACH) transfers. Consultant <br /> agrees to execute the City's standard ACH Vendor Payment Authorization and <br /> provide required documentation. Upon verification of the data provided, the City <br /> will be authorized to deposit payments directly into Consultant's account(s) with <br /> financial institutions. Payment need not be made for work which fails to meet the <br /> Page 1 of 9 <br />