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kG EEC, <br />r <br />� FXPIRES A- 2011 -032 <br />� 3- ES(_2_p C� <br />- FEB 2 32011 <br />CONTRACTOR AGREEMENT <br />THIS AGREEMENT, made and entered into this 7"' day of February, 2011 by and between <br />Bakersfield Well and Pump Company, a California corporation (hereinafter "Contractor "), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City "). <br />RECITALS <br />`v I A. The City desires to retain a consultant having special skill and knowledge in providing water <br />well and booster pump maintenance and repair services. <br />B. Contractor represents that Contractor 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 <br />knowledgeable in its field and that any services performed by Contractor under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting 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 perform water well and booster pump maintenance and repair services required <br />to rehabilitate and maintain the efficiency of the wells, as set forth in Contractor's Proposal, attached <br />hereto as Exhibit A. Said services shall be provided on an as- needed basis, at the written request of the <br />Executive Director of Public Works, or his designee. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit B. The total sum to be expended among all contractors providing these <br />services shall not exceed $300,000.00, annually. during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on December 3l, <br />2011, unless terminated earlier in accordance with Section 12. below. The City shall have the option to <br />renew this Agreement, on the same terms and conditions, for up to three additional one -year periods. <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 />