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INSURANCE NOT ON FILE <br />WORK MAY M PROCEED a -zoo s-2ss <br />CLERK OF COUNCIL. <br />DATE. DEC 17 2018 <br />\Nr 1\ (7,.) AGREEMENT TO PROVIDE SEWER ALARM MONITORING <br />Y;k(nn,_ 44--c's AND MANAGEMENT SERVICES <br />THIS AGREEMENT is made and entered into this 20th day of November, 2018 by and between <br />SmartCovor Systems, Inc. ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. The City has previously purchased and installed sewer level monitoring devices <br />and technology known as "SinartCover" from SmartCover Systems, Inc. <br />("Contractor"). This system is designed to provide an alerting system for sewer <br />systems overflow and encroachment. <br />B. The City desires to purchase from Contractor additional monitoring and <br />management services and other related components. <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 <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and sul jcot to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Scope of Services - Exhibit A, <br />attached hereto and incorporated by reference. <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit A. The total <br />annual sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $125,000. <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 and Scope of Work, which may reasonably be <br />expected by City. <br />Pagel of 8 <br />