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COMPLETE N-2014-112 INSURANCE NOT ON FILE WORK MAY H! PROCEED CLERK OF COUNCIL CONSULTANT AGREEMENT BETWEEN c DATE; AUG 2 5 2014 THE CITY OF SANTA ANA AND XV SOLUTIONS Q; p W A C2) THIS AGREEMENT made and entered into this I" day of August, 2014 by and between XV Solutions, a sole proprietorship (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of maintenance and supportive services for the City's water supervisory control and data acquisition (SCADA) computer systems. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. This Agreement will be a short-term agreement while the City takes a Request for Proposals for these types of services out to the public. D. In undertaking the performance of this Agreement,, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform SCADA server maintenance services for the City on a monthly basis as set forth in the Consultant's Scope of Work/Rate Sheet, attached hereto and incorporated herein as Exhibit A. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a