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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES A-2008-213 <br />CLERK OF COUNCIL 20Q$ <br />nnTF: SEP p ON-CALL AGREEMENT <br />THIS AGREEMENT made and entered into this /,Y-4 `' day of August 2008 by <br />and between DOTY BROS. EQUIPMENT CO., a California corporation (hereinafter <br />"Contractor") and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <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 within <br />and beyond the boundaries of City. <br />B. From time to time City requires the services of independent contractors to <br />assist City in natural or manmade emergency situations when City has an <br />insufficient number of personnel and/or insufficient materials and/or <br />equipment required to take action necessary on an expedited basis to prevent a <br />system outage, to expeditiously restore service to normal operating conditions <br />and/or to maintain service during such emergencies. <br />C. City desires to expedite securing services of contractors to provide personnel, <br />materials, tools, and/or equipment to assist City during such emergencies <br />(collectively, Services). <br />D. Contractor represents that Contractor is able and willing to provide such <br />services to the City. <br />E. City and Contractor previously entered into similar agreement for on-call <br />emergency services on August 20, 2003 and wish to renew that relationship as <br />indicated herein. <br />F. In undertaking the performance of this Agreement, Contractor represents that <br />it is knowledgeable in its field and that any services performed by Contractor <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />G. The public interest, welfare and economy will be served by this Agreement. <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 />1 <br />