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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLER ( F COUNCIL <br />oA?E..Yti4 <br />4' LG4 <br />CONSULTANT AGREEMENT <br />A-2009-069 <br />THIS AGREEMENT made and entered into this I" day of June, 2009 by and <br />between i Water, Inc., a California corporation (hereinafter "Consultant"), and the City of <br />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 in the <br />field of GIS mapping services to map the Santa Ana water system. <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 />1. SCOPE OF SERVICES <br />Consultant shall provide iWater's infraMAP site license for unlimited users, <br />including download and configuration of the infraMAP application on ten field laptop <br />computers and a dedicated server for the City's Water Engineering Department, as well <br />as software and hardware service and support, as set forth in Exhibit A, attached hereto <br />and incorporated by this reference. Consultant may be asked to provide additional <br />services which shall be authorized by a writing executed by the Executive Director of the <br />Public Works Agency. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in a hard copy and produced in a form <br />compatible with City's computer system, as agreed between the Project Manager and <br />Consultant. <br />In regard to material produced as a deliverable under the Agreement, including <br />but not limited to books, reports, plans, photographs, drawings, videotapes, and computer <br />programs, Consultant agrees, for itself and its affected officers, employees, agents, <br />contractors, and volunteer workers, that the authors of all such material, whether <br />