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CONSULTANT AGREEMENT BETWEEN <br />THE CITY OF SANTA ANA AND XV SOLUTIONS <br />THIS AGREEMENT, made and entered into this _ day of 2014, by and <br />between XV SOLUTIONS, a sole proprietorship (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 field of <br />maintenance and supportive services for the City's water supervisory control and data <br />acquisition (SCADA) computer systems. The City's Public Works Agency Water <br />Resources Division owns, operates and maintains a number of computer servers that <br />manage automated industrial processes for the water production facilities and support <br />all infrastructure data. The services that will be provided include SQL database <br />support, Sharepoint server support for data management, SCADA server <br />maintenance, software and file backups and routine maintenance. <br />B. Consultant represents that Consultant is able and willing to provide such scheduled and <br />on call services to the City. <br />C. On August 14, 2014, the Water Resources Division of the Public Works Agency issued <br />a request for proposals (RFP) for water resources SCADA network support services. <br />D. 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 <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 />1. SCOPE OF SERVICES <br />Consultant shall provide scheduled and on call water resources SCADA network support <br />services to the City. The scope of services is attached hereto as Exhibit A and is incorporated by <br />this reference to this Agreement. <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 City's Project Manager and <br />Consultant. <br />In regard to material produced as a deliverable under the Agreement, including, but not <br />limited to, books, reports, plans, photographs, drawings, videotapes, and computer programs, <br />Exhibit 1 <br />25K -3 <br />