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INSURANCE Ni?T ON FILE <br />WORK MAY Nff PROCEED <br />CLERK OF COUNCIL <br />DATE: -1- \ 3 - -15 <br />CONTRACTOR AGREEMENT <br />THIS AGREEMENT, made and entered into this 18th day of November, 2014 by and <br />between Ifapsch TrafficCom USA, Inc. ( heroinafter "Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City'). <br />RECITALS <br />A. Tice City desires to retain a consultant having special skill and knowledge to provide <br />preventive software maintenance and support for the servers and workstations of the <br />City s Water 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 />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 />SCOPE OF SERVICES <br />A. Contractor shall provide software maintenance and support for the City's Water <br />SCADA System servers and workstations and additional miscellaneous professional <br />and support services, as set forth Contractor's Proposal dated July 17, 2014, attached <br />hereto as Exhibit A and incorporated by reference. <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 $50,000 during the <br />term of this Agreement. Such services shall be provided at the following rates and <br />charges: <br />i. Software support and maintenance services shall be provided for an annual fee of <br />$20,000,00, payable within thirty (30) days of execution of this Agreement, <br />ii. Miscellaneous Professional and Support Services shall be billed at Contractor's <br />published Professional and Support Services rates, in an amount not to exceed <br />$25,000.00. <br />iii. Additional services in an amount not to exceed $5,000,00 may be authorized by <br />the Director of Public Works or his designee if required to complete the purposes <br />of this Agreement. <br />Exhibit I <br />