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o <br />INSUNANCEONFILE <br />o <br />WORK MAY PROCEED <br />UNPL INSURANCE EXPIRES <br />`' <br />ID/ 31Z2h26 <br />N <br />CLERK OF COUNCIL <br />w <br />DATE' <br />ROAM <br />vow'laOwn, <br />N-2020-153 <br />AGREEMENT TO PROVIDE TESTING AND INSPECTION <br />L. �L <br />OF BACKFLOW PREVENTION SERVICES <br />THIS AGREEMENT is made and entered into this 1st day of September, 2020 by and between Backflow <br />Apparatus & Valve, Co. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />testing and inspecting backflow prevention devices and assemblies for the Public Works <br />Agency. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns <br />and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Contractor shall perform the tasks and obligations including all labor, materials, tools, equipment, <br />and incidental customary work required to fully and adequately complete the services described and set <br />forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services under <br />this Agreement, the rates and charges identified in Exhibit A. The total annual sum to be <br />expended under the term of this Agreement, including any extension period, shall not <br />exceed $25,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals and Scope of Work, which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on August 31, 2022, <br />unless terminated earlier in accordance with Section 17. below. <br />Page I of 8 <br />