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HomeMy WebLinkAboutItem 11 - Amend Agreement for Water System Mapping and Support ServicesPublic Works Agency www.santa-ana.org/public-works Item # 11 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 3, 2023 TOPIC: Amend Agreement for Water System Mapping and Support Services AGENDA TITLE Amend Agreement with iWater, Inc. for Water System Computer Modeling and Engineering Services by an Additional Amount Not to Exceed $240,000 for the Remainder of the Agreement Term including Final Extension Option from April 1, 2024 through March 31, 2025 (Non -General Fund). RECOMMENDED ACTION Authorize the City Manager to execute the first amendment to the agreement with iWater, Inc. for water system mapping and support services, to increase amount by $120,000 annually for the remainder of the term, and exercise the final extension option from April 1, 2024 through March 31, 2025 for $120,000, for a total amount not to exceed $240,000, subject to non -substantive changes approved by the City Manager and City Attorney. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On March 17, 2020, at the conclusion of a competitive bidding process, City Council awarded a three-year agreement, with the provision for two one-year extension options, to iWater, Inc (iWater) (Exhibit 1) to provide water system mapping and support services for the Water Resources Division of the Public Works Agency (Water Resources). Water Resources utilizes iWater's infraMAP software daily to collect, store, and retrieve data while performing both routine and emergency work in the field. Since the initial agreement was awarded in 2020, City staff has identified infraMAP can also be used for inventorying infrastructure and assets which historically had never been recorded, namely those related to water meter appurtenances. As part of the City's Automated Metering Infrastructure (AMI) Project, data such as water meter box size, valve condition, and meter box material and condition are necessary to ensure the installation contractor can perform their work successfully. Employing iWater to conduct this work will allow for the AMI Project to continue to move forward without unnecessary delays. Amend Agreement for Water System Mapping and Support Services October 3, 2023 Page 2 For these reasons, staff has exceeded the initial estimation of utilization of the contracted services. Staff recommends amending the agreement with iWater, Inc. to increase the annual funding amount for the remainder of the current and future extension terms in order to continue the integral work being performed. FISCAL IMPACT Funding is available in the FY 2023-24 budget and funding for subsequent fiscal years will be included in the proposed budgets for City Council consideration. Accounting Fund Accounting Unit, Fiscal Year Unit — Description Account Description Amount Account # Water Administration & FY 23-24 06017645-66511 Water Engineering, Computer $120,000 Software Subscription Water Administration & FY 24-25 06017645-66511 Water Engineering, Computer $120,000 Software Subscription Total $240,000 EXHIBIT(S) 1. Agreement A-2020-049 2. First Amendment with iWater, Inc. Submitted By: Nabil Saba, P.E., Executive Director — Public Works Agency Approved By: Kristine Ridge, City Manager iwSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES �GLeal Z I -�K OF COUNCIL. later l MfraTciP ,rvtly v05taso ?W4, 63 SOFTWARE LICENSE AND SUPPORT AGREEMENT EXHIBIT 1 A-2020-049 iWater, Inc. 12 Goodyear, Suite 130 Irvine, CA 92618-3747 Phone: 949-768-4549 Fax: 949-768-4155 This agreement effective as ofthe last date signed below (the `Effective Date") is between iWater, Inc. ("iWater"). and City of Santa Ana ("Licensee") and consists of this infraMAP® Software License and Support Agreement and the attached exhibits referenced below (collectively, "Agreement"). �7_ TJ SCOPE OF LICENSE GRANT CD For a maximum term of five (5) years from the Effective Date, subject to payment of Monthly License Support Fee and J applicable fees set forth on Exhibits A and B, Licensor hereby grants to Licensee, and Licensee hereby accepts, a ry nonexclusive, non -transferable license to use the iWater infraMAP D Software and Related Materials (collectively, the uv "Software") as defined in, and in accordance with the terms of this Agreement. The initial term is for three (3) years with an option to renew annually for an additional two (2) years from the Effective Date. SUPPORT AND MAINTENANCE iWater shall provide Software Maintenance & Support as detailed below, in exchange for payment of Monthly License Support Fee. After the initial three (3) years, at the sole option of the Licensee, Maintenance & Support may be extended in one (1) year increments for the remaining 2-year period at the prices and payment terms stated in Exhibits A and B. Software Maintenance & Support services include: 1. Improvements, updates, or modifications to the infraMAP® Software product purchased that iWater makes generally available as a minor release or update. 2. Access to iWater'sTechnical Support Team ("Help Desk") to answer questions, provide email and telephone support, as well as assistance during normal business hours for current versions of infraMAP& software. iWater will investigate all questions and problems promptly. Licensee agrees to provide adequate information to iWater to assist in the investigation and to confirm that any problems have been resolved. If deemed necessary, iWater may also provide on - site support. 3. Software License Support fees must be pre -paid monthly and are non-refundable for any reason. GENERAL PROVISIONS AND DEFINITIONS 1. Software: "Software," as used in this Agreement, includes the following infraMAP® software products and extensions thereof: infraMAPO, infraMAP® Enterprise, infi•aMAP® Field, infraMAP® Manager, infraMAP D NOW, infraMAP® PLUS, infraMAP® Standard, infraMAPO 811 Tickets, infraMAP& Desktop, infraMAP® IOS, infra%,IAP® Android, infraMAP& Server, (individually and collectively, "Licensed Products" or "Software"), and additional or successor Software products marketed or licensed. 2. License Use: Licensee shall not copy the License Products or Sollware, nor shall the Licensee allow their use by others, without the express and written permission of iWater, excluding the use for backup, archival, and in-house disaster recovery purposes. Licensee furthermore agrees not to: A. Reverse engineer any part of the Licensed Products, in part or in their entirety; B. Distribute, sell, or otherwise transfer any part of the Licensed Products. C. Create any derivative works or products based on or derived from the Licensed Products or documentation or modify any Licensed Products or documentation without the prior written consent of iWater. In the event of a breach of this provision, said modification, derivative work, or product based on the Licensed Products or documentation is hereby deemed assigned to iWater (without limiting their remedies). 3. Protection of Intellectual Property Rights: Licensee will reproduce and include any copyright, patent, trademark, or restrictive legends or notices on all items licensed under this Agreement and shall take other necessary steps to protect iWater's and its licensor's intellectual property rights. 4. No Implied Waivers: The failure of either party to uphold or enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 5. Severability: The parties mutually agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 6. Independent Contractor: iWater is, and at all times will be, an independent contractor. Nothing in this Agreement shall be deemed to create an employer/employee, principal/agent, or joint venture relationship. Neither party has the authority to enter into any contracts on behalf of the other party or otherwise act on behalf of the other party. 7. Force Majeure: I f the performance of this Agreement or any obligation except the making of payments, is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion, or other casualty or accident; strikes or labor disputes; inability to procure or obtain delivery of parts, supplies, or power; war, terrorist act, cyber-attack, or other violence; any law, order, proclamation, regulation, ordinance, demand, or requirement of any governmental agency; or Page 1 of 6 infi•aiVAP© Softivare License and Support Agreement 1?7.2020 1 ter"- tilfrajll any act or condition whatsoever beyond. the reasonable control of the affected: party; the party so affected, upon giving prompt.noticeto the other pany,:shall be excused. from such performance to the extent of such prevention, restriction, or Interference. B. Counterparts. This Agrecment.may be.executed in. counterparts, all of which, taken together, shall be deemed one (1) original document, 9. Successor And Assigns: Ni ther iWater nor Licensee shall asslgn; sublicense., or transfer its rights nor delegate its obligations under this Agreement .without the other party'.s prior written consent, which shall not be unreasonably withheld, and. any attempt to do so without consent shall be void. This Agreement:shall :be binding upon the respective successors and assigns.ofthe parties to this Agreement. 1.0:. Equitable Relief, The parties agree that. any breach of this Agreement by one party may cause irreparable. damage to the non -breaching party and, that, in the event of such breach; in addiction to any and all remedies at: Nw., .the non- breaching party shall have the right ta.seek an injunction, specific performance, or other equitable relief in any court of competent juds. diction to prevent violation of.thm terms and without the requirement of posting a bond or undertaking or proving iri jury as a condition .for relief. 11. Governing Law- This Agreement shall be governed by and construed In .accordance with the laves of the State of California without reference to conflict of laws. ptincipies. Either party may give the. -other party written notice of any dispute not resolved in the normal course of business. The parties shall thereupon attempt in good faith to resolve such a dispute promptly by negotiations:between executives who have the authority to settle the; dispute:. If the dispute has not been resolved within sixty (60) days, alter such written notice is givenz phlier party may avail itself ofany:process or means lsgaIly available to, it to resolve the dispute. 12. Insurance,, . Water'shall maintain during the; performance of this Agreement policies:of insuranceas Mims: General Liability:: i'Water shall maintain: commercial general liability (COIL) insurance written on Insurance Services Office form CG 00 01 or equivalent and shalt cover claims for .injuries to. persons or damages to property which. may aris,,.from� or.€n connection with the performance of the work or services horcUnder by iW ater; its agents, employees, representatives, or subcontractors. Tbe.l€n it for this insurance shall be not less than $1,000,000:00 per occurrence; and $2,000,000 in the annual aggregate. Automobile Liability: Mater shall maintain business .automobile liability insurance with coverage for vehicles includhig-those .owned,;hired, and:non-awned. Thelitnit amour►t for this insurance shalt be.not less that) $1,000,000.00 per occurrence, tom€ ined single lirttit for bodily injury and property darnage.. `Workers' Compepsatton; iWater .shall niointain Workers` Compensation insurance, as required' by law In. the .State of California, and Employc& Liability. Insurance: in an amount not less that! $1,060,.D00A. per occurrence. Prot°esstonal:Uabill ty: €Water':sttall maintain professional liability insurance with coverage for wrongful acts, errors, or omissions committed by Materin the course ofwork performed for Licensee under this Agreement. This insurance shall include coverage for liability assumed under this Agreement when €Watces wrongful acts, errors, or omissions cause such liability, The limit for this.insurance shall beltotless than $1,000,000.00. per claim. Insurers shalt have.a current.AN, BeW8 rating of:no.lcss than A:6 or equivalent unless otherwise approved by Liuensee in writing, In addition, all insurers must be authorized to conduct business in the -State of. California, as evidenced .by a listing in the official publication of th ;.Pepartinent of Insurance. of the State of Callforttia. The premiums for insurance coverage shall bc..paid in full by iWater; exclusive of any waivers of subrogation. Upon written request; Certificates of insurance and endorsements, .verify.ing the insurance coverage required by this Agreement, shall, be provided to Licensee within five:(S) calendar days. 13. Pricing and Sales .Tax: Licensee shall be responsible for all state or local sales tax, whether or not spool- led prev'tously'o.r elsewhere. M. Term and Tertnination. A. -iWater has the unilateral right;, but:notobl'tgation, toterminate this Agreement and the corresponding: right to use Software, without further action:or notice :and without refund of Pees for the applicable period, immediately upon ally material breach by Licensee of any provision of t1Us Agreement. in .this can, .Licensee shall. promptly uninstall and. return all Software and Rclated Materials to !Water, and permanently erase till from any computer and storage :media, and provide. proof thereof. E. Licensee :agrees to pay'Nater In frill for all .Software and services for the applicable period.provided prior :to termicintion of Agreement. Paget of 6 info°abMP@:S'afiu>areLkense.and;SupgrrnAgreewent L27.2020 Water �` infray% C. Upon termination of this Agreement for any reason, all obligations and fees that accrued prior to the effective date of termination and any remedies for breach of this Agreement shall survive any termination. No refunds will be given for unused portion of any annual services or licenses. 15. Notices: All notices, demands, requests, or approvals to be given under this Agreement, shall be given in writing and shall be deemed served when delivered personally or on the third business day after confirmed email or the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. To iWater: iWater, Inc. Attn: Julie Rhodes, CFO 12 Goodyear, Suite I30 Irvine, CA 92618 Email: jrhodes iwateno To Licensee: Licensee: City of Santa Ana Attn: Clerk of the Council Address: 20 Civic Center Plaza, P.O. Box 1988_ Santa Ana, CA 92702 With copy to: Executive Director, Public Works Agency (at the same address) The parties acknowledge that they have read and understand this Agreement and agree to be bound by its terms and conditions. This Agreement constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous agreements, understandings, and arrangements between the parties relating to such subject matter. Any modifications or amendments to this Agreement must be in writing and signed by an authorized representative of each party. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and effective as of the last date written below. City of Santa Ana (Licensee)) By: Authorized Signature Printed Name: Kristine Ridge - Title: City Manager Date: 031 120 ATTEST: CLERK OF THE COUNCIL Page 3 of 6 iWater, Inc. (iWater, Inc.) By: Authorized Signature Printed ]Name: Julie Rhodes Title: CFO Date: �� d "ac ,a infiraMAPO Sof ivare License and Support Agreement 1.27.2020 6woter !� �k P „� ' Attest: ClerEe o� t€�e C i1e'r[ Approved as to Forin; John, M..P:unk Ass€stant C€t Attorney Attachments. ExhibitA Exhibif B Page 4 of 6 ir€Ji-aA-MPO Sofhvare LicenseandlSupport.igroornent 1..272020 Exhibit A -'Scope of Work Continued lnfraMAPO.Data Acquisition Software Support for City of Santa Ana Water.Resourees Divisioti. Cate or A W iter Li ease and & art INS includes: software Ticensing and technical sripportof all iWater Data Acquisition. Software. Field data: acquisition liconsir g software for uniiinited: users in the Water and Sewer Departments. Software troubleshooting with unlimited telephone. Up to 40 hours per week Qfonsite software training.. infraMAPO Saftw4re upgrades. System improvements Including:patches. Business analy. 00. bridging In data from multiple locations ,and displaying to.:all staff: Monthly License and Maintenance Fee: '$15,S00 Monthly Data Acquisition Software Support: $4500 Monthly Total, tio. 066 per month Yearly Total for Category A: $240,000 Cateeorv&: tWater G'ff Database 'Sup nort_ T.I is includes support for My $I t Tickets, Data: Analytic Tools, portal users and infraMAl'B Data Acquisition software that is`eloud based and onsite, iWater wfll romotely monitor! configtiro, and support all related i.T infrastructure for the scope ofthis project. 6 Data backups;, 4. Quality control of data. Configure a Project Plan Check Database Tool. Compatibility with Cities other software -data. Data 'integrity for.staff and contractor updates: tin -Site Suppor gad flflvSitc Sorvices: iWater, Inc., will. provide professional on -site: or off -site services for projects requested by City. of Santa: Ana. This may include, but. not. limited to database support, data:QA/QC, map infrastructure data updates from new construcfi n or other project specific needs.outlined by City of Santa Ana. Cstimated cost per year. $101,000 Field Crew;StfPpor iWater, Inc.,, will provide, two man crews with :CA:Department off Health Water' Distribution Certificates to support City of Santa An field crews, All vehlelcs acid equipment will be.furinshed:by Water for each specific project. Projegi.informat on will be captured by lWater'ton m members and. provide. back to file Cities Data Acquisition. 8oftwaro Estimated.cost, per year: $15,000 Meter Crew. Suppert:. lVatei; Inc., will provide a one man crew with a CA Department of Health Water Distribution Certificate. to support City field crews, All vehicles: and equipment will be furnished by IN ator for each specific project. P. roject information will be captured by xVi1'ater team members and. provide Nick to the City's Data Acquisition.Sottware. Estimated cost per year $20,000 Category B Total. Up to $135,090 per .year, 'invoiced following _E, xhibit R rate schedule Contract Total; $376,000 per.ycar Page 5 of 6 infraMA PO Software. License and Siipporl Agreement 1.27.2020 6water"� infrait i Exhibit B - Raft" Schedule Rites: miter, hc.,.propases the fo.11owing rates ,for support services rendered from April 1, 2020 to March 30, 2025, Type of Service 'Title Hourly Rate Software Developmont: Senior Software, Engineer $150 C}n-Sits: Data Acquisition Mapping Quality- Sbpport: GIS SpecialistiOIS Analyst $1S0 Software Integration Support Software, Engimer $100 DaUtbase:Support... .. Software are Et gineer $lam Off -site Data Acquisition Mapping QWitry SUpport OIS 5peciaiistl lS Analyst $75 Field Crew/Meter Crew SuppoE't E attri Field Materials proe red. through suppoil kry ce wil:l be pro -approved by City., billed at the.rate of cost plus 2€i°lo an€1 any applicable. tax; Pap of 6 infr"GaaS%1;MPOSoftwarvLicenseand Support Agrooment. 1.27.2020 ,r � OATF (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE . THIS CERTIFICATE IS rs51JEo AS A MATTER OF INFORMATION ONLY AND CONFERS NO R€61ITS UPON THE CLttlIFICAxE HOLbER. THIS CEJ3T#FICATE OM' NQTArF'IAMATIVELY OR NEi2A'TISlr_LY AMEND, EXT-.NO OR AALTERTHECOVERAOEAFFwm BY tilt POLICIES BELOW. MIS CEWfIP€CATE OF (N SUAANC.£ DOES twr Cotw I'UTC A CONTRACT 65WIILN THE ISSUING INSURC-R(S), A131 HORIZED REPRESENTATIVE OR PRODUCER, ANO THE CENTIFICAT£ HOLMR. 144POATAN'f,Irt4eccrtillcate'ltri€derisrahADDIIIONALINSURL0, 0polky{1e9)must€ roveADDrr1ONALINSURC-ppraalsiansor4eendorsedTFSUBROGATION ISWAWErD,sublecttothe tendswid conditions of the 110j1q. Cer4aln ptelWasrnay tegtlirp. pp tt€dorime-ol. AsL'simeot on this cett(Acate noes lint confer rights to the4e4j icaio Inuidiir in lieu atsuch andaMemetit(i). PRODUCER CONTAU _ NAME, Wheel.BmiAorr Michael Brandon, Farmers InsuTanoe .:. FF# PRONE I FAX 31629 Grater Fllahway 10 Ste A (Ali NO, CXT} 909 794 0191 (A/C NO) 909 Y94 0193 ...,.._----_.W____. ....._..._........ _ E-MAIL arrsssccc. mS�r�nrinnlr74T�rnsarc.�rronl� nnrre Redlands J WAT R 1NC.. 12 f3COE)YEAR STE 130 1RVINE CA 92373 7b90 CA 9261J 1'.kd1515 iL Clftih'r`itF.'a"F€1 Pt7laCIS €iWIhiSiiRLnM:G%!€51 PrJ'BELOVY.I4AV[iL^ EI�JTfi,"aUIJ TO THE iNSU J1EC}UIR€ i�II .NT, T :RSA t xcoNurr€oN or ANYicor iTRAL'r Litt OTE-im DocumpoT wiTii RESpt;(xTov) Pp1Tf'i:UF4i„€iIpERHEREIN 155UtIECTTOALLTHETERNIM,EVZLLA50N5AND CONDITIONS OFSUCH ADDTL F..1113 1MR , R: I.7R INSO W TYiLS3EiMStiitAiVC£ VD ) Pf3LiCYNURi ER ... ...onir,...�rrti�l.rlr€u��AL�.j��s�.�rr •...... 1.��- i N"LAG REQNIELIMMAPPLIESfIEA: L ,V POI-if."Y (, T UPIECT o., LOC ooiru: .-..� AUTi1MORlL4LJAt11LtTY 1 ANY. LITO SI„i•I££?ULLD. 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Addi#Sanal Rar narks Schedule, waybe attached irtnare space Isrequirad) .Additional Insured: City of Santa Ana 3O Days Notice of.cancollation with 10 Clays' nailJw ftar non -Payment of premium in acc ordancewith the policy provisions j Any Auto'I :coverage:i"s not availahfe for this policy, Coverage for Hired Autos only, Scheduled Autos and Non -owned Autos only all apply. CERTIFICNIC HOLDE11 CANCELLATION _.._ ... C a San ia Rrla SHOULD ANY THCABO ESCiiI . OLICIESB£CANCCLLECi13EFt�t3ETHECHnIICATEON ' Risk Management DivWon DATE THE#tEO NOTM 'J€ pC L1Y KuINACCOROANCRMIITiiTHEPOUCYPRiYV3SiflN5 j 20 Club Center Plaza 4th rloor � x RIZE Ri-P Nt _...._..._..SANTAANA-._ . __.._ ... .......... .......... — ! ;rACORD 25 (n 16/03) i198 =SAd06 CORPORATION -All idights Reserved 31'<.17G9 11>t5 The, ACORD n ime and lag.o are registered marks of ¢iCORC3 THIS ENDORSEMENT CHANGES THE POLICY. PLr=ASE READ IT CAREFULLY. AMENDMENT OF OTHER INSURANCE CONDITION. - PRIMARY INSURANCE FOR ADDITIONAL INSURED 02/2-5/20.20 —ind is art of Policy Nurnbor, T,1HO082ia 1188ued 10:1 wal:(--r 111C.- 'EMry a.ptional it shown in.1he Common Policy Doclara.1jons, If no entry is shmm, iho afff-clfi'Vs d8tO Of thO 8ndoraarnent h,1 lhi� egme OP the effective dbte of the policy. '['hig kondorsoment modives Insufanoe provided under the following- ICOMMERCIAL GENr--.RAL LJABLay COVERAGE PART SCHEDOLE Oesig"ated Additional I tisured clty (af-. r7ta.c Azm, Of-'fi-ce:rs, -age.mLs, employee-3, aLr-'ej volunti-i---.es are! mined FA-q addlticrxally insw7e-d cm poli:cy: Sea for complet.e warding., 20 Civic pla7,.a, Asln, C'A- 92,701 Dwigmnkmd Promises Tho following is addelcl to PFIragraph 4.a, P"I"nary Insurance, of SP-CTION W - CC NIWiRCIAL GENERAL LIABILITY CONDITIONS! Thj5 inminitire 1.15 primary lm.umnce for the pem-cm or prj��mfzvmionshoWn M, IhO D0sIqrYAWkJ Adctitlontil Insurad in the. Sohedule., but ody:to thA exfi�rjt that personis an Additionmf Imurad.. ff a Dasgn.ated. PrernIses is aj. sij.own in the Sc.hadule, then the primary insumnce for the Designated Additional ln5urp(J applies only Willi resppct fizibilify arisin.9 fron) such 327 9 G,C0 t4110) 9 2016 Tho Travelbrs ;ncipinnity Conipa.ny, All tigblg rai,,urvAd. ACCM0 __ DAiE(MPjbO/`.((Yy) CERTIFICATE FLIABILITY INSURANCE 0212512020 THISMTIFIWE IS ISSUED ASA WTUR Of INFORMATION ONLY AND CONFERS NO RIQHTSUPONTHCFRTIFICATF..:HOLl3ER, THIS GFiiTiYlCAirDOr-.SNOI'AI;FIR37AFIVCIYGRNL6A"ni/H.Y .. AAri>N9,U3'ENDORALTERTHE WVERAGEAPFARL?WUYT€JEPLiLfCIFaf3ELt3N7.'iFdrSC;iTYfF1LA7EKifIJdaUR!XldCEtTO. MGjCO%4TIT.L€IEACONTRACT01:TWQEKTI*IS5tjfNGIftS€1f3Ei{(q AUTHORIZED REPRE5EWrATIAOR€ dr)UM,ANDTmCEffIVICATEHoLDIR. 1t9Pial2TXtNT;iFthecertificateholder Wan f+fJi)JT1(liiAl 114.15URED, Ole pnJ(w (lec)YffuifkiaiaAO.rii IONAtINSURMpmvisitinsort"Indarned,IFSUNROGATlf9is15WAWER,szrhlCrttothefertiiiand a,,,mdltionsnitisepollry,mrtjiInIWIGicamsyrcrlcftr� n011dorsement.AsWernente,rrthl cvdffca3edoes n4it�unCx-'.rlgtitstok.1,ccrtifirttQirSld�riilllefsufsafcfletlaar inriii(s}. PRODUCER 1 c+alarACi NAW N1fcltZ101 Braritl:olj Michael Brandon, Fanners Agent 1 +iitlrJE I FAX 31629 OUTER FIWY 104A (AA.1,NO, i X7): (AI ?40) g(j 7 4 819 R DLA gS IWATER,:INC 12 0000YGAR STE 139 IRVINE G�U.�RACk1E CA 82373 niter>yiitlpnfarnfel'sagel�Leoril 1(v1urcentalarrut€UM S NLKAd G 14AIC9 INSURER A : Truck Irisur'3iice Exct angI8 WORM Ot, Farmers Insurance exchango 21852 NSURERC -- Mid cz:nitlry ln9UrianL;e Company - 218$7 INSUR�.Rn 'SUM _ Fire lnst7ranc�o ftstia11fgeCA 966[3 - E 926la-3747 rR MSUR _�. _.. _..._..__ .._...ter....Ll.. .,.. •,�... ' EUk"FICATENU1eW4M, ..........._ .. .... .a.:.:.. RCVIStONNUhtBEA- CFI CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 0211212020 THIS CERTIFICATE IS ISSUEDAS'A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,.EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES FIELOIN. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE IS -SUING INSURER($), AUTHORIZED REPRESENTATIVE OR.PRODUCER. AND THE. CERTIFICATE HOLDER. IMPORTANT, If the certificate holder Is on ADDITIONAL INSURED, the polldy(ies) mast have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subJect tothe terms and conditions of the policy, certaln policies may require an- endorsement, -A statement on thls.certificate does not confer rights to the Certificate holder In lien of such endorsement(s PRODUCER .t4AMb Fred Dean .. Premier One. Insurance Services 100 Padlica.ste 480 PAt 6.t: n NE (gd9}.727-2b26 (949)127-9219 AIG o:� E-MAILIreS;dea(ii PrernlerOne,eoln nnnREss: INSURER(S)AFFORDING GOVCRAQE NAIL N. ilvine CA 92.518 INSORERAr Bea4ay Insurance Company 37540 INSURED INSURER'B": lWater, Inc, INSURERC: 12 Goodyear #1130 INSURER '0 INSURIER E , Irvine CA :92618 INSURER FT G(JVEKA13ES UERHFIGATE NUMBER: ULCU4IM5664 Rr-vIgIoN NtImAl=R+ THIS iS TO CERTIFY THAT THE POLICIES OF INSURANCE LI$TE D BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANpiNO ANY REOWREMENT, TERM OR CONDtTIQN OF ANY CONTRACT OR OTHER OCCUMENT WITH RESPECT TO WHICH.THIS CEktlRLATE MAY RE ISSUED OR MAY PERTTA1N, THE INSURANCE AFFORDED BY THE POLICIES RESCRiBED HEREIN IS SUBJECT TO ALL THETERMs, EXCLUSIONS AND CONDITIONS: OF SUCH POLICIES. LIMIT$ SHOWN MAY HAVE BEEN REDUCED BY PAID CLA.MS. INSR LTR TYPE OF:INSURANCf! €NSD - WVD POLICY NUMOEk P YY MRD YYY- LIMITS COMMFRC€ALGENERALiAiILIT CLM1iMS-MADR CiGCUR EACH.00CORRENCE $ AM lU�l't RENTED ». - ReMISES' Ea conufrer5m - 5 .MED EXP (Any weperson) $ PERSONAL8,ADVINJURY S . LIMIT 'APPLIES -PER: � .isOLICY [IJEFRCT F-1_LOC GENERALAGGREGATE i r?EN1,A0GREGATE PRCTDUCTG-GQMP1oPAGG 3 OTHER: AUTOMOBILE'UAMUTY COMBINED GIN LE LIMIT . Easecfderll BODILY INJURY (Parperaonl ��...... 3 ANYAUTO AWNED $CH> DULEO AUTOSD14LY AUTOS BQDILYINJUFIY P { er.avJdent) s HIRED NOWOWNED AUTOS ONLY -� AUTOSONLY PROPERTY PA6�S .OE- Par.accf eh{ - $ . VikF1REi,LA.UAD OCCUR EACH OCCURRENCE $ . AGGREGATE $ EXCESS LIAR CLAIMS•MADE pEiS RETENTION S WORKERSCOMPEN$ATION AND EMPLOYERS` LIABIUTY YIN PEFT FST I E 141..FACHACCICENT $ ANY PROPR3ETQRJL?ARTNEFVEXFQGYEiVE r--j OFF[CFrYtAEMUERiEXCIAIDED? u N1A El_ DISFAS4 EA EMPLOYEE S (Mandatory InNN) 3 yes, desw€be under E,L, DISEASE � POLICY LIMIT $: DESf,R.IPTIONOF t7PERAT*W bafew A PROFESSIONAL LIABILITY V13070190801 10104/20.19 1010412020 LIMIT PER OCC OEDUCTIBEE $1,00D,p00 a15,(i0.0 RETR 08 04-2911 DESCRIPTION OFDPERATIONSILOCATIONS 'IVEHICLES (ACORD101,AddIIIonaIHernarksSchedule, maybe attachedlir - - t�` A iG�T �1V�04� CERTIFICATE HOLDER %AWIPI I ATiAN SHOULD]ANY OF THE ABOVIE DESGRIBED POLICIESSE CANCELLED BEFPQRE' THE emrt iok DATE THEREOF, NOTICE WILL BE DELIVERED IN City Hof .Banda Ana Rlsk Managsm eni Division ACGCIIDANcE. WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE atn Floor Santa Ana CA 92701 @ t988=2015 ACORD CORPORATION. -All rights rosewed.. ACORD 25 (2016/03) The ACORb nam8 and logo are registered marks of AC.0RD EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT WITH iWATER. INC.. FOR WATER SYSTEM COMPUTER MODELING AND ENGINEERING SERVICES THIS FIRST AMENDMENT to the above -referenced agreement is entered into on October 3, 2023, by and between iWater, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement No. A-2020-049 ("Agreement") dated April 1, 2020, to retain a qualified contractor to provide water system computer modeling and engineering services to the Water Services Division of the Public Works Agency. B. The parties executed the first of two (2) one- (1) year extensions on March 24, 2023 (A- 2020-049-01). The Agreement is in full force and effect through March 31, 2024. C. The parties now wish to amend the Agreement to exercise the final extension and increase compensation. The Parties therefore agree: 1. Pursuant to the section titled, "Scope of License Grant," of the Agreement, the final extension is hereby exercised for an additional one-year period, from April 1, 2024 through March 31, 2025. Any insurance certificates are required to be extended and/or renewed to cover this final extension. 2. Pursuant to the "Contract Total," in Exhibit A of the Agreement, the compensation is hereby amended to increase annual compensation by $120,000 for the remainder of the Agreement. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney By: B on Salvatierra Deputy City Attorney Kristine Ridge City Manager iWATER, Inc. ,Julie- iZGurt7ey Name: Julie Rhodes Title: CFO [signatures continued on next page] Page 1 of 2 R 01907U lu 104►1711 a 0113 .19 9:ZIliL1 Nabil Saba Executive Director Public Works Agency Page 2 of 2