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INSURANCE NOT ON FILE N-2019-137 <br />WORK MAY NOT PROCUREEMENT TO PROVIDE WATER TREATMENT <br />CLERK OF COUNCIL AND DISTRIBUTION TRAINING COURSES <br />DATE; 6t0Z 9 0 9AV <br />AW4-1� <br />THIS AGREEMENT is made and entered into this 16th day of July, 2019 by and between WaterWisePro <br />Training ("Contractor'), and the City of Santa Ana, a charter city and municipal corporation organized and <br />y7 existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide an on -site water distribution and treatment <br />training courses. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall furnish the services that are described in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $25,000. <br />b. Payment by City shall be made within thirty (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work that fails to meet the standards ofperformance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. 'tERM <br />This Agreement shall commence on the date stated above and continue through July 15, 2020, <br />unless terminated earlier in accordance with Section 13, below. The exact date(s) of the course shall be <br />scheduled to occur during the term of the Agreement by mutual agreement by the parties. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor perfomas the services which are the <br />