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INSURANCEON FILE N -2012 -123 <br />WORK MAYPROCEED <br />CLERK OF COUNCIL <br />DATE- /- J CONTRACTOR AGREEMENT <br />PivA-C2:*) THIS AGREEMENT, made and entered into this 15`h day of September, 2012 by and <br />{�y between Duke's Root Control, Inc., a New York corporation (hereinafter "Contractor "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />�054� Constitution and laws of the State of California (hereinafter "City "). <br />1 � 2012 <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />root control services. <br />B. Contractor represents that Contractor is able an <br />d willing to provide such services to the <br />City. <br />C_ In undertaking the performance of this Agreement, Contractor represents that it is <br />lrnowledgeable 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 />Contractor shall provide root control services to keep City's sewer mains free of roots, on <br />anon -call basis. <br />2. COMPENSATION <br />a. City agrees to pay, and Contr <br />actor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $25,000 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2013, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />