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N-2019-218 <br />OCT5 ZQjg AGREEMENT TO PROVIDE TRAFFIC COUNTING <br />T, SERVICES ON AN ON -CALL BASIS <br />Zc�1r�C�L V-t THIS AGREEMENT is made and entered into this 1st day of November, 2019 by and between <br />National Data and Surveying Services, Inc. ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California ("City"). <br />RECITALS <br />A. On July 18, 2019, the City issued Request for Proposal No, 19-069, by which it <br />sought consultants to provide traffic counting services on an on -call basis. <br />B. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 19-069. <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 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 />On an as -needed basis, and at the sole discretion of City, Consultant shall perform the <br />services that were described in the scope of work that was included in RFP No. 19-069 and that <br />is attached as Exhibit A. Consultant's proposal is incorporated by reference as though fully set <br />forth herein. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual <br />services performed under this Agreement at the rates and charges identified in <br />Exhibit B. The total sum to be expended under this Agreement, including any <br />extension periods, shall not exceed $50,000. <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 <br />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals and Scope of Work, which may <br />reasonably be expected by City. <br />Page I of 8 <br />