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INSURANCE ON FILE <br /> WORK MAY PROCEED A-2025-158-02 <br /> UN m_%SUR,NCEEXPIRES <br /> ,i0101123Q_ZS" — <br /> CITY <br /> DATE <br /> CLERKOCT 0 3 2025 <br /> v:Pwft (z) <br /> Fullo►,P ranktih(Dz) AGREEMENT WITH KDC SYSTEMS TO PROVIDE PROGRAMMABLE LOGIC <br /> CONTROLLER(PLC) PROGRAMMING AND CONSULTING SERVICES <br /> THIS AGREEMENT is made and entered into on this 16th day of September,2025 by and between <br /> KDC Inc., a California corporation, DBA KDC Systems, ("Consultant"), and the City of Santa <br /> Ana, a charter city and municipal corporation organized and existing under the Constitution and <br /> laws of the State of California("City"). <br /> RECITALS <br /> 1. On April 24, 2025 the City issued Request for Proposal ("RFP") No. 25-046, by <br /> which it sought qualified consultants to provide programmable logic controller <br /> (PLC)programming and consulting services for the City's Public Works Agency. <br /> 2. 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 25-046. <br /> 3. 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 /> At the City's sole discretion,the Consultant shall perform the services described in <br /> the scope of work that was included in RFP No. 25-046, which is attached hereto <br /> as Exhibit A and incorporated in full, and further delineated in Consultant's <br /> proposal,attached hereto as Exhibit B and incorporated in full. <br /> 2. COMPENSATION <br /> a. City neither warrants nor guarantees any minimum or maximum <br /> compensation to Consultant under this Agreement. Consultant shall be paid <br /> only for actual services performed under this Agreement at the rates and <br /> charges identified in Exhibit C. Consultant is one of three (3) consultants <br /> selected to provide PLC programming and consulting services under RFP 25- <br /> 046. The total compensation for these services provided by all such consultants <br /> selected under RFP 25-046 shall not exceed the shared aggregate amount of <br /> Two Million and Five-Hundred Thousand Dollars($2,500,000)during the term <br /> of the Agreement, including any extension periods. <br /> b. Payment by City shall be made within 45 days (forty-five) days following receipt <br />