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INSURANCE NOr ON FILE A-2018-024 <br />WORK MAY RM PROCEED <br />CLERK OF COUNCIL <br />DATE: AGREEMENT TO PROVIDE FUNCTIONAL SPECIFICATIONS <br />FEB 7 ?,CffD SCADA SOURCE AND CHANGE CONTROL SERVICES <br />OR WATER PRODUCTION AND CONTROL FACILITIES <br />�.JHIS AGREEMENT is made and entered into this 6th day of February, 2018 by and between <br />w� 1 Enterprise Automation ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On October 19, 2017, the City issued Request for Proposal No. 17-112, by which <br />it sought a. consultant to provide functional specifications and SCADA source and <br />change control services for the City's water .production and control facilities. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described <br />in the scope of work that was included in RFP No. 17-112 and further delineated <br />in Exhibit A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 />I. SCOPE OF SERVICES <br />Consultant shall perform the services that are described in Exhibit A. Consultant's <br />proposal is incorporated by reference as though fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Exhibit B. The <br />total amount to be expended during the term of this Agreement, including any <br />extension periods exercised under Section 3, shall not exceed $1,000,000. The <br />annual amount to be expended shall not exceed $200,000. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably <br />be expected by City. <br />Page 1 of 8 <br />