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<br /> <br /> <br /> <br /> <br /> <br /> CONTRACTOR AGREEMENT <br /> THIS AGREEMENT, made and entered into this 3`d day of September, 2013 by and <br /> between Transdyn, Inc., a Delaware corporation (hereinafter "Contractor"), 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 (hereinafter "City"). <br /> <br /> RECITALS <br /> <br /> <br /> A. The City desires to retain a consultant having special skill and knowledge to provide <br /> preventive software maintenance for the servers and workstations of the City's Water <br /> Supervisory Control and Data Acquisition System (hereinafter "SCADA"). <br /> B. Contractor represents that Contractor is able and willing to provide such services to the <br /> City. <br /> <br /> C. In undertaking the performance of this Agreement, Contractor represents that it is <br /> knowledgeable in its field and that any services performed by Contractor 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 /> <br /> 1. SCOPE OF SERVICES <br /> <br /> A. Contractor shall provide software maintenance and support for the City's Water <br /> SCADA System servers and workstations, as set forth Contractor's Proposal - <br /> Software Maintenance dated July 3, 2013, attached hereto as Exhibit A and <br /> incorporated by reference. <br /> <br /> B. Contractor shall provide hardware and integration services required to upgrade City <br /> SCADA Server, as set forth in Contractor's Proposal - DYNACO SCADA System <br /> Server and Software Upgrade, attached hereto as Exhibit B and incorporated by <br /> reference. <br /> C. Contractor shall provide hardware and software support on an on-call basis. Such <br /> support shall be provided at the written request of the Executive Director of Public <br /> Works or his designated representative. <br /> <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for all services <br /> provided pursuant to this Agreement, an amount not to exceed $100,000 during the <br /> term of this Agreement. Such services shall be provided at the following rates and <br /> charges: <br /> <br /> i. Software support and maintenance services shall be provided for an annual fee of <br /> $20,000, payable within thirty (30) days of execution of this Agreement. <br /> <br /> <br /> <br /> 25C-3 <br />