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AGREEMENT TO PERFORM PROFESSIONAL SERVICES <br />This agreement for the provision of a secure online database and tracking system for the <br />City's backflow/cross-connection program ("Agreement") is made and entered in this 19th day <br />of April, 2022 ("Effective Date"), by and between the City of Redlands, a municipal corporation <br />("City") and Backflow Solutions Inc., an Illinois corporation ("Consultant") City and Consultant <br />are sometimes individually referred to herein as a "Party" and, together, as the "Parties " In <br />consideration of the mutual promises contained herein, City and Consultant agree as follows <br />11 <br />ARTICLE 1 — ENGAGEMENT OF CONSULTANT <br />City hereby engages Consultant to provide and maintain a secure online database and <br />tracking system to administer the City's backflow/cross-connection program (the <br />"Services") <br />1.2 The Services shall be performed by Consultant in a professional manner, and Consultant <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 consultants in the industry providing like and similar types of Services. <br />ARTICLE 2 — SERVICES OF CONSULTANT <br />2 1 The Services that Consultant shall perform are more particularly described in Exhibit <br />"A," titled "Scope of Services," which is attached hereto and incorporated herein by this <br />reference <br />2.2 Consultant shall comply with applicable federal, state and local laws and regulations in <br />the performance of this Agreement including, but not limited to, any applicable State <br />prevailing wage laws <br />ARTICLE 3 — RESPONSIBILITIES OF CITY <br />3 1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, <br />as City's representative with respect to performance of the Services, and such person <br />shall have the authority to transmit instructions, receive information, interpret and define <br />City's policies and decisions with respect to performance of the Services <br />ARTICLE 4 — PERFORMANCE OF SERVICES <br />4 1 The Services shall commence immediately after the Effective Date of this Agreement. <br />Consultant shall perform and complete the Services in a prompt and diligent manner in <br />accordance with the schedule set forth in Exhibit "B," titled "Project Schedule," which is <br />attached hereto and incorporated herein by this reference. <br />4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date <br />of this Agreement (the "Initial Term") The City shall have the option to extend the Initial <br />1 <br />L.\ca\djm\Agreements \Backflow Solutions Inc Agreement.PS-1 1.FY21-0099.doc.jn <br />