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<br />ON-CALL AGREEMENT <br /> <br />THIS AGREEMENT made and entered into this _day of August 2008 by <br />and between DOTY BROS. CONSTRUCTION CO., a California corporation <br />(hereinafter "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 <br />California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City of Santa Ana's Public Works Agency Water Resources (City), <br />provides water and sewer services to persons and property located both <br />within and beyond the boundaries of City. <br /> <br />B. From time to time City requires the services of independent contractors <br />to assist City in natural or manmade emergency situations when City <br />has an insufficient number of personnel and/or insufficient materials <br />and/or equipment required to take action necessary on an expedited basis <br />to prevent a system outage, to expeditiously restore service to normal <br />operating conditions and/or to maintain service during such emergencies. <br /> <br />C. City desires to expedite securing services of contractors to provide <br />personnel, materials, tools, and/or equipment to assist City during such <br />emergencies (collectively, Services). <br /> <br />D. Contractor represents that Contractor is able and willing to provide such <br />services to the City. <br /> <br />E. City and Contractor previously entered into similar agreement for <br />on-call emergency services on August 20, 2003 and wish to renew that <br />relationship as indicated herein. <br /> <br />F. In undertaking the performance of this Agreement, Contractor represents <br />that it is knowledgeable in its field and that any services performed by <br />Contractor under this Agreement will be performed in compliance with <br />such standards as may reasonably be expected from a professional <br />consulting firm in the field. <br /> <br />G. The public interest, welfare and economy will be served by this <br />Agreement. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, <br />and subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1 <br />25E-3 <br />