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WC required if consuitant <br />has employees. <br />IVC'I:i` Gl��i <br />JUL 282009 <br />CONSULTANT AGREEMENT <br />N-2009-090 <br />THIS AGREEMENT, made and entered into this 6th day of May, 2009 by and <br />between Transdyn, Inc., a Delaware corporation (hereinafter "Consultant"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge to <br />service and maintain the City's Water Supervisory Control and Data Acquisition <br />System (hereinafter "SCADA"). <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />A. Consultant shall on a bi-annual basis provide two 2 -day on-site visits (32 <br />hours total) preventative software maintenance for the City's Water SCADA <br />System servers and workstations. Services will include general system <br />diagnostics as provided with original installation, file and disk management, <br />software backup and archiving, etc. Any additional time requested will be <br />billed at Consultant's Professional and Support Service rates, attached hereto <br />as Exhibit A. <br />B. Consultant shall provide Telephone Support for the City's Water SCADA <br />System servers and workstations, as follows: <br />1. Consultant's Applications Engineering staff will be available for telephone <br />support to answer questions regarding the use, modification or <br />troubleshooting of PLC/RTU software provided by Consultant; <br />2. Consultant's Software Engineering staff will be available for telephone <br />support to answer questions regarding the use, modification or <br />troubleshooting of the DYNAC SCADA software provided by Consultant; <br />