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INSURANCE NOT ON FILE A-2018-275 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: JAN 14 2019 <br />�I AGREEMENT TO PROVIDE WATER SYSTEM COMPUTER <br />cta a > e MODELING AND ENGINEERING SERVICES <br />THIS AGREEMENT is made and entered into this 4th day of December, 2018 by and between <br />Sedaru, formerly known as ID Modeling, Inc. ("Contractor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. The City has previously purchased hydraulic modeling and engineering services <br />from Contractor, including the design and creation of a water system computer <br />model. <br />13. The City desires to purchase from Contractor additional services, including model <br />updates and software maintenance and support, <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />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 />Contractor 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 Scope of Services - Exhibit A, <br />attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a, City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit A. The total <br />annual sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $150,000. <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 />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 be <br />expected by City. <br />Page I of 8 <br />