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A-2017-157 <br />AGREEMENT TO PROVIDE SPILL RESPONSE AND <br />STORM DRAIN FACILITY CLEANING SERVICES <br />THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between United <br />Storm Water, Inc., a California corporation, (hereinafter "Consultant'), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"), <br />RECITALS <br />A. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it <br />sought Contractors to provide Spill Response and Storm Brain Facility Cleaning <br />for the City of Santa Ana Public Works Agency. <br />WW a 'r_, <br />B. Consultant represents that Consultant is able and willing to provide such services <br />.t o ri to the City. <br />r- <br />0 <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />tui g_. <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be 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 patties agree as follows: <br />I. SCOPE OF SERVICES <br />Consultant shall perforin those services as set forth in Exhibit A, and incorporated by <br />reference to this Agreement. Consultant's proposal is also incorporated by reference as though <br />fully set forth herein. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />provided under RFP 16-144, the rates and charges identified in Exhibit B and <br />incorporated by reference to this Agreement. For each year of this agreement, and <br />for any extensions exercised under Section 3, the total yearly amount to be <br />expended shall not exceed $250,000.00. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 9 <br />