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INSURANCE ON PILE K MAY PROCEED rN-2018-153 NTIL INSURANCE EXPIRES CLERK DF CDUNCIL DATE: AGREEMENT TO PROVIDE FIRE EXTINGUISHER TRAINING 6: VWA u) 4 2 5 x,18 AND DEMONSTRATION SERVICES �llu�A THIS AGREEMENT is made and entered into this 16th day of July, 2018 by and between Orange County Fire Protection ("Contractor"), 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 City desires to retain a contractor to provide fire extinguisher training and demonstration services for the Public Works Agency, Water Resources Division. B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall furnish the services that are described in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, including any extensions, shall not exceed $10,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date stated above and continue through July 15, 2019, unless terminated earlier in accordance with Section 14, below. The exact dates of the training sessions shall be scheduled to occur during the term of the Agreement by mutual agreement of the parties. The term of this Agreement may be extended for up to one (1) year upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to 1