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NPs 2.2(9/23/20) <br /> AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES <br /> FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS <br /> This agreement for the provision of annual maintenance, service, repair, material supply, <br /> support and training for Evoqua water technologies and its subsidiary divisions of chemical feed <br /> and analytical equipment ("Agreement") is made and entered in this 1st day of July, 2020 <br /> ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and <br /> D&H Water Systems ("Contractor") City and Contractor are sometimes individually referred to <br /> herein as a "Party" and, together, as the "Parties" In consideration of the mutual promises <br /> contained herein, City and Contractor agree as follows <br /> ARTICLE 1 —ENGAGEMENT OF CONTRACTOR <br /> 1.1 City hereby engages Contractor to perform annual maintenance, service, repair, material <br /> supply, support and training for Evoqua water technologies and its subsidiary divisions of <br /> chemical feed and analytical equipment services for City(the"Services"). <br /> 1 2 The Services shall be performed by Contractor in a professional manner, and Contractor <br /> represents that it has the skill and the professional expertise necessary to provide the <br /> Services to City at a level of competency presently maintained by other practicing <br /> professional Contractors in the industry providing like and similar types of Services <br /> ARTICLE 2—RESPONSIBILITIES OF CONTRACTOR <br /> 2 1 The Services that Contractor shall perform are more particularly described in Exhibit"A," <br /> titled"Scope of Services,"which is attached hereto and incorporated herein by reference <br /> 2 2 Contractor shall comply with all applicable federal, state and local laws and regulations in <br /> the performance of the Services including, but not limited, to all applicable Labor Code <br /> and prevailing wage laws and non-discrimination laws, including the Americans with <br /> Disabilities Act Pursuant to Laboi Code section 1773 2, copies of the prevailing rates of <br /> per diem wages as determined by the Director of the California Department of Industrial <br /> Relations for each craft, classification or type of worker needed to undertake the Services <br /> are on file at City's Municipal Utilities and Engineering Department, located at the Civic <br /> Center, 35 Cajon Street, Suite 15A(Mailing P 0 Box 3005),Redlands,California 92373 <br /> 2 3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing <br /> wages that City may enforce such provisions by withholding payments to Contractor or its <br /> subcontractors pursuant to Labor Code section 1771 6 <br /> 2 4 If Contractor executes an agreement with a subcontractor to perform any portion of the <br /> Services, Contractor shall comply with Labor Code sections 1775 and 1777 7, and shall <br /> provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775, <br /> 1776, 1777 5, 1813 and 1815 Contractor acknowledges that the statutory provisions <br /> establishing penalties for failure to comply with state wage and hour laws and to pay <br /> prevailing wages may be enforced by City pursuant to Labor Code sections 1775 and 1813 <br /> 2 5 Contractor and its subcontractors shall comply with the provisions of Labor Code section <br /> 1 <br /> L 1ca\djm\Agreements\D&H Water Systems FY 20 21 docx.jn <br />