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Page 2 of 3 <br />$375 for a half-day motion. The total compensation shall not exceed ten thousand dollars ($10,000). <br />Consultant's invoices shall include a detailed description of the Services performed. Invoices shall be <br />submitted to the City Attorney's office as performance of the Services progresses. The City shall <br />review and pay the approved charges on such invoices in a timely manner. <br />The City has previously engaged Consultant to provide Services for the City and, by operation of this <br />letter, agrees to pay Consultant for services as noted in the attached invoices identified as Exhibit A to <br />this Letter Agreement. The total for this prior work shall not exceed $1,564.25 and shall not affect the <br />not to exceed amount for this Agreement, as detailed above. The parties agree that the invoices <br />attached as Exhibit A are the only outstanding invoices by Consultant for services provided to the City <br />prior to the date of this Letter Agreement. <br />The City may terminate this Letter Agreement at anytime with or without cause, Ifthe City finds it <br />necessary to terminate this Letter Agreement without cause before Project completion, Consultant shall <br />be entitled to be paid in full for those Services adequately completed prior to the notification of <br />termination. Consultant may terminate this Letter Agreement upon 30 calendar days' written notice <br />to the City only in the event of City's failure to perform in accordance with the terms of this Letter <br />Agreement through no fault of Consultant. <br />By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the <br />California Labor Code which require every employer to be insured against liability for Workers' <br />Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees <br />to comply with such provisions before commencing the performance of the Services. As to this <br />Agreement, City will require proof of Professional Liability insurance and Worker's Compensation <br />coverage or an exemption to this coverage by the Consultant. Finally, Consultant represents that it is <br />an equal opportunity employer and it shall not discriminate against any subcontractor, employee or <br />applicant for employment in violation of state or federal law, As provided for in the indemnity <br />obligations of this Letter Agreement, Consultant shall indemnify City against any alleged violations of <br />this paragraph, including, but not limited to, any fines or penalties imposed by any governmental <br />agency. <br />This Letter Agreement shall be interpreted in accordance with the laws of the State of California. If <br />any action is brought to interpret or enforce any term of this Letter Agreement, the action shall be <br />brought in a state or federal court situated in Orange County, State of California. In addition to any <br />and all contract requirements pertaining to notices of and requests for compensation or payment for <br />extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim <br />procedures set forth in Government Code sections 900 e1 sea. prior to filing any lawsuit against the <br />City. Such Government Code claims and any subsequent lawsuit based upon the Government Code <br />claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra <br />work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such <br />Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise <br />satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit <br />against the City. If either Party commences an action against the other Party, either legal, <br />administrative or otherwise, arising out of or in connection with this Letter Agreement, the prevailing <br />Party shall be entitled to recover all reasonable fees and costs incurred, including reasonable attorney's <br />fees, as determined by the court. <br />SANTA ANA CITY COUNCIL <br />Miguel A. Puked Michele Marlines Viceme Sarmiento Jose Solono P. ()avid Sen.0des Juanvillegas Sal Tmajem <br />Mayor Mayor Pro Tem. Ward 2 Wards Ward Ward Ward Ward <br />emulidgAsone-ana oro mi�warm entoCo?sanla-ana org Molorio@,SgjgpRU-rg nnenamdellQ,S®pla-aa- $anla-anaoro l 'ero santaanaoro <br />