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r,SuRANCE ON FILE <br />FORK MAY PROCEED <br />UNTO. INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />PATE: DEC 2 0 2022 <br />N-2022-369 <br />AGREEMENT WITH BACKFLOW APPARATUS & VALVE, CO., TO PROVIDE TESTING <br />D :VWn�2i AND INSPECTION OF BACKFLOW PREVENTION SERVICES <br />� Rl) (kV)MS AGREEMENT is made and entered into this _Ist_ day of September, 2022 by and <br />between Backflow Apparatus & Valve, Co., a California corporation ("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 ("City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />testing and inspecting backflow prevention devices and assemblies for the Public Works <br />Agency. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />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 <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting 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 the tasks and obligations including all labor, materials, tools, equipment, <br />and incidental customary work required to fully and adequately complete the services described and set <br />forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services under <br />this Agreement, the rates and charges identified in Exhibit A. The total annual sum to be <br />expended under the term of this Agreement, including any extension period, shall not <br />exceed Twenty -Five Thousand Dollars and Zero Cents ($25,000). <br />b. City shall recognize and pay for any outstanding invoices for work performed by <br />Contractor invoiced on or after August 31, 2022. <br />C. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />d. Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals and Scope of Work, which may reasonably be expected by City. <br />Page 1 of 9 <br />