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INSURANCE ON FILE N- 2013 -043 <br />"ORK Id1AY PROCEED <br />UNI1L INSURANCE EXPIRES <br />ULLRK OF COUNCIL <br />DATE: AY 1 J 7®13 CONSULTANT AGREEMENT <br />PWA Hz0 C ) <br />o (vqq���1 THIS AGREEMENT made and entered into this 21`x' day of March, 2013, by and between XV <br />SO�Y1'Solutions, a sole proprietorship (hereinafter "Consultant "), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />managing enterprise database servers. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows; <br />1. SCOPE OF SERVICES <br />Consultant shall manage the City's Water Resources enterprise database servers, as set forth in <br />Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$25,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on March 31, 2014, <br />unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be <br />extended by a writing executed by the Executive Director of Public Works. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, ajoint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />