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INSURANCE NOT ON FILE A-2019-179 <br />WORK MAY N9I PROCEED <br />CLERK OF COUNCIL <br />DATE: OCT 11 2019AGREEMENT TO PROVIDE SUPERVISORY CONTROL AND <br />0 k R �-O DATA ACQUISITION (SCADA) SUPPORT SERVICES <br />'V WJ'>'S' THIS AGREEMENT is made and entered into this 1st day of October, 2019 by and between XV <br />Solutions ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On July 16, 2019, the City issued Request for Proposal No. 19-066, by which it <br />sought a consultant to provide maintenance, programming, network support, and <br />SCADA-related information technology services for the Water Resources Division <br />of the Public Works Agency. <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described in <br />the scope of work that was included in RFP No. 19-066. <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 this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be 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 perform the services that were described in the scope of work that was <br />included in RFP No. 19-066, and as more specifically delineated in Consultant's proposal, which <br />is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total <br />annual sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $85,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page I of 8 <br />