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INSURANCE ON FlE N-2024-137 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />c� 412v a <br />CITY ct��I�(, <br />DATE. R�'�( 19 2024 <br />D 4v' P c,;) AGREEMENT WITH HOUSTON & HARRIS PCS, INC., TO PROVIDE EMERGENCY <br />�Y, V.4/81}'V� WATER AND SEWER CLEAN-UP SERVICES <br />THIS AGREEMENT is made and entered into this 5th day of December 2023 by and <br />between Houston & Harris PCS, Inc., a California corporation ("Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and 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 <br />field of emergency water and sewer clean-up services as needed by Public Works <br />Agency Water Resources Division. <br />B. Contractor represents that Contractor is able and willing to provide such services <br />to the 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 <br />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 />On an as -needed basis Contractor shall perform the tasks and obligations including all <br />labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete the services described and set forth in Scope of Services — Exhibit A, attached hereto <br />and incorporated by reference. <br />2. COMPENSATION <br />a. City does not warrant nor guarantee any minimum compensation to Contractor <br />under this Agreement. Contractor shall be paid only for the actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />The total sum to be expended under the term of this Agreement shall not exceed <br />Fifty Thousand Dollars and Zero Cents ($50,000). <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 />Page I of 9 <br />