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INSURANCE ON FILE A_2023.200 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />_C-TW Au <br />CITY C ERK <br />DATE. �EB 0 i 20Z4 <br />'• pwR(Z) CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />XV SOLUTIONS TO PROVIDE SCADA NETWORK CONSULTING <br />AND SUPPORT SERVICES <br />THIS AGREEMENT is made and entered into on this 21st day of November, 2023 by and <br />between XV Solutions ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On August 3, 2023, the City issued Request for Proposal No. 23-124, by which it sought a <br />consultant to provide SCADA network consulting and support services for the Water <br />Resources Division of the Public Works Agency. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that Consultant is able and willing to provide the services described in the scope <br />of work that was included in RFP No. 23-124. <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 />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the services described in the Scope of Work section included <br />within RFP No. 23-124, attached hereto and incorporated herein by reference as Exhibit A, and <br />as more specifically set forth in Consultant's Proposal, attached hereto and incorporated herein by <br />reference as Exhibit B. <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 Consultant's Fee Proposal, attached hereto and <br />incorporated herein by reference as Exhibit C. The total amount to be expended under <br />this Agreement, including any extension periods, shall not exceed $750,000.00. <br />b. Payment by City shall be made within 45 days (forty-five) 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 performance <br />set forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 10 <br />