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INSURA;qCE ON FILE <br /> WORK MAY pROGgED <br /> UNTIL INSL~RA~IOE EXPIRES <br /> ~/I/-a ~ , N-2003-064 <br /> <br /> · ., ~.A- ,_. ~LERK OF COUNCIL <br />~ (," ~t),,~. -J DATE /.~[?' ~0~ CONSULTANT AGREEMENT~ ~ <br /> <br /> (~37t~' THIS AGREEMENT, made and entered into this ~_ day of ~(o~ , 2003 by <br /> f and between Mark Company, Inc., a California Corporatio~ (hereinafter "Cor~ultant"), and the <br /> City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in installing <br /> tim puncture mechanism and warning signage. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br /> City. <br /> <br />In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed $ 9,800.00 during the term of this Agreement. <br /> <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br /> This Agreement shall commence on the date first written above and terminate on <br />December 31, 2003, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of <br />Community Development Agency and the City Attorney. <br /> <br /> <br />