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NSURANCE NOT ON FILE. A-2017-364 <br />NORK MAY WT PROCEED <br />CLERK OF COUNCIL 0 <br />DATE: MAR 0 2 2010 <br />AGREEMENT TO PROVIDE EMERGENCY WATER AND <br />SEWER CLEAN-UP SERVICES ON AN ON -CALL BASIS <br />THIS AGREEMENT is made and entered into this 19th day of December, 2017 by and between <br />Houston & Harris PCS, Inc. ("Contractor"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"), <br />RECITALS <br />A. On October 19, 2017, the City issued Request for Proposal No. 17-120, by which <br />it sought contractors to provide emergency water and sewer clean-up services on <br />an on -call basis, <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able artd willing to provide the services <br />described in the scope of work that was included in RFP No. 17-120 and attached <br />as Exhibit A. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 />Orr an as -needed basis, and at the sole discretion of City, Contractor shall perform the <br />services that are described in Exhibit A. Contractor's proposal is incorporated by reference as <br />though fully set forth herein. <br />2. COMPENSATION <br />a, City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement Contractor shall be paid only for actual <br />services performed under Cris Agreement at the rates and charges identified in <br />Exhibit B. Contractor is one of two contractors selected to provide services on an <br />as -needed basis under REP No. 17-120, The total aniuml compensation for <br />services provided by all contractors selected under RPP No. 17-120 shall not <br />exceed $75,000 during the tern of the Agreement, including any extension <br />periods. <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 <br />Page 1 of 9 <br />