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AGREEMENT WITH AVOCETTE TECHNOLOGIES, INC. TO PROVIDE <br />TMPT.E.ME.NTATTON STRVTCTS FOR T.AND MANACTMT•.NT SVSTr•.M <br />THIS AGREEMENT is made and entered into on this I"day ofJuly, 2021, b_y and between <br />Avoccuc Technologies, Inc., a Canadian corporation ("(2onsultant'), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of C'alifonria ("City"). <br />RECITALS <br />A. On August 24, 2020, the City issued a Request for Proposals (RYP No. 20-108) for an <br />Enterprise Land management System and Tnrplenrentation Services. The RFP included <br />extensive system requirertrcnts and objectives that are incorporated Ircrcin by this <br />reference. <br />It. Consultant represent, that Consultant is able and willing to provide such <br />implementation services to the City for the Clariti platlimrr Fnierprise Land <br />Management System. <br />C. In nndcrtaking 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 rcastniably be <br />expceted from a prolcssional consulting firm in the field_ <br />NOW 'I I I FREFORb;. in consideration of the nrutwil and respective promises, and subject to the <br />terns and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SE14VICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />includin_y all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately cotnplete thec services described and sct forth in the Statancnt of Worl< attached <br />hereto as Exhibit A and 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 the Project I;ixal Price attached hereto OS <br />Exhibit B and incorporated by reference. The total amount to be expended during the <br />term of this Agreement shall be S1,171,079, plus a 309% contingency of $351,324. for <br />a total not to exceed anuxutt of S1,522,40_ <br />b. Payment by City shall be made within forty -rice (45) days following receipt of proper <br />invoice evidencing work pertornred, subject to City accounting procedures. A 1O`90 <br />holdback shall be applied against each deliverable. 'I he 10% holdback invoice will be <br />issued ten I10) days after the final deliverable D26 — Go Live and the completion of all <br />outstanding issues_ Paymait need not be made for work which fails to meet the <br />City Council 22 — 14 6/1 M of 9 <br />