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INSURANCE NOT ON FILE <br />WORK MAY Nff PROCEED <br />CLERK OF COUNCIL <br />e <br />O � Vt/A <br />AGREEMENT TO PROVIDE WATER SYSTEMS CONTROL DESIGN, <br />(Z.) PROGRAMMING, AND SUPPORT SERVICES ON AN ON-CALL BASIS <br />A-2017-304 <br />THIS AGREEMENT is made and entered into this 7th day of November, 2017 by and between <br />Industrial Control Systems Online Inc. ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City„). <br />RECITALS <br />A. On August 2, 2017,.the City issued Request for Proposal No. 17-087, by which it <br />sought Consultants to provide Water Systems Control Design, Programming, and <br />Support Services on an on-call basis for the City's water production and control <br />facilities. <br />3. Consultant submitted a responsive proposal that was among those selected by the <br />City. Consultant represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP No. 17-087 and attached <br />as Exhibit A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 />On an as -needed basis, and at the sole discretion of City, Consultant shall perform the <br />services that are described in Exhibit A. Consultant's proposal is incorporated by reference as <br />though frilly set forth herein. When the need for services arises, City may initiate services <br />through use of a task or similar order issued to Consultant. <br />2. COMPENSATION <br />a, City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual <br />services performed under this Agreement at the rates and charges identified in <br />Exhibit B. Consultant is one of three consultants selected to provide services on <br />an as -needed basis under RFP No, 17-087. The total annual compensation for <br />services provided by all consultants selected under RFP No. 17-087 shall not <br />exceed $85,000 during the term of the Agreement, including any extension <br />periods. <br />Page 1 of 8 <br />