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INSURANCE NOT ON PILE A-2018-015 WORK MAV.NXPROCEED CLERK OF COUNCIL DATETEB 0 5 2018 ViA Z� AGREE NT TO PROVIDE ENTERPRISE ASSET MANAGEMENT CONSULTING AND IMPLEMENTATION SERVICES THIS AGREEMENT is made and entered into this 16th day of January, 2018 by and between Woolpert, Lie, ("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"), A. On September 19, 2017, the City issued Request for Proposal No.17-101, by which it sought a consultant to provide enterprise asset management software selection and implementation services. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-101 and attached as Exhibit A, as related to the consulting and implementation services described therein, and as further defined, clarified, or modified in Consultant's proposal dated October 19, 2017, which was submitted in response to RFP No. 17-101. In the event of a conflict between the applicable scope of services included in Exhibit A and Consultant's proposal, the Consultant's proposal shall govern. 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 AND CONSULTANT'S PROPOSAL Consultant shall perform the services that are described in Exhibit A, as related to the consulting and 'implementation services described therein, and as further delineated in Consultant's proposal. Consultant's proposal is incorporated by reference as though fully set forth herein, including without limitation the proposal for inventory of traffic control devices dated December 5, 2017. In the event of a conflict between the applicable scope of services included in Exhibit A and Consultant's proposal, the Consultant's proposal shall govern. Consultant's proposal includes a software solution developed by a third party, City intends to separately enter into a software license agreement directly with the third party software developer for this software. All matters pertaining to performance, warranties, and guarantees applicable to the software shall be as provided in the software license agreement between the City and the software developer, whereas all matters pertaining to performance, warranties, and guarantees applicable to implementation and integration services for the selected software shall be as provided in this Agreement between the City and Consultant. Page I of