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al 2021 N_2021'034 <br />q - 1 1 <br />I (D(U)(PAa>G1V11, t`a°r AGREEMENT WITH NOGALIS, INC. TO PROVIDE <br />MSP AND ESP SYSTEM MAINTENANCE SERVICES <br />THIS AGREEMENT is made and entered into on this 16th day of December, 2020 by and between <br />Nogalis, hic., a California corporation, ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of <br />providing mandatory (MSP) and environmental (ESP) system upgrades to the City's <br />Lawson application. <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 />terns 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 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 Exhibit A, attached hereto and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended <br />during the term of this Agreement shall not exceed $25,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and continue until June 30, <br />2021, unless terminated earlier in accordance with Section 15, below. <br />Page 1 of 8 <br />