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INSURANCE ON FILE <br />WORT( MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />7 • ) • 2D2-?, <br />CLERK OF COUNCIL <br />DATE: <br />N-2022-353 <br />AGREEMENT BETWEEN CITY OF SANTA ANA AND TOM MALLOY <br />CORPORATION DBA TRENCH SHORING COMPANY FOR TRAINING AND <br />MATERIALS <br />yiG lR� (Av <br />THIS AGREEMENT is made and entered into on this 64k' day of October, 2022 by and between <br />Tom Malloy Corporation, a California corporation dba Trench Shoring Company ("Contractor"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ("City'J. <br />ev <br />N <br />N <br />RECITALS <br />ra <br />ea <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />® <br />confined space awareness and trench shoring for the City's Public Works 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 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 />a. Contractor shall perform during the term of this Agreement, the tasks and <br />obligations including all labor, materials, tools, equipment, and incidental <br />customary work required to fully and adequately complete the confined space <br />awareness training described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <br />b. On an as -needed basis, Contractor shall perform during the term of this Agreement, <br />the tasks and obligations including all labor, materials, tools, equipment, and <br />incidental customary work required to fully and adequately provide the materials <br />and equipment described and set forth in Exhibits B, C, D, E, and F attached hereto <br />and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibits B, C, D, E, and F. The total amount <br />to be expended during the term of this Agreement shall not exceed Fifty Thousand <br />Dollars and Zero Cents ($50,000). <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />#19793v4 Pagel of 11 <br />