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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK DATE: DEC 0 9 2024 N-2024-384 AGREEMENT BETWEEN PURETEC INDUSTRIAL WATER AND 0: PD(o) CITY OF SANTA ANA FOR WATER SOFTENER SYSTEM REPAIRS SUS•n cjo speCkP) THIS AGREEMENT is made and entered into on this 18`h day of November, 2024 by and between Puretec Industrial Water, ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of water treatment systems to perform softener system repairs. B. Contractor represents that Contractor is able and willing to provide such services to the City. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services and Costs- Exhibit A, attached hereto and incorporated by reference. Contractor has provided the City with its General Terms and Conditions — Exhibit B, attached hereto and incorporated herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A for immediate repair services to be performed. Any future repairs or maintenance estimates will be requested by SAPD and approved before completion of work. The total amount to be expended during the term of this Agreement shall not exceed $25,000. b. Pricing is based upon process currently charged by Contractor's suppliers of services, materials, and parts on the date of this Agreement. If Contractor is subsequently charged higher prices by such suppliers, Contractor may increase the prices to City during the term by the percentage increase charged by suppliers to Contractor. Unless otherwise specified in writing, Contractor's pricing does not include, and Contractor shall not be responsible for, any taxes, permits, tariffs, duties, fees or shipping costs. Notwithstanding, this Agreement shall not exceed $25,000. c. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree