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• INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE F PIRES CLERK 9r 6AUNCIL r —W bAlb 9 -a9 -03 CONSULTANT AGREEMENT lZd11161csr�:�; THIS AGREEMENT, made and entered into this 28th day of August, 2003 by and between Russell & Sons, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS �1 A. The City desires to retain a consultant having special skill and knowledge in the field of plumbing. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform on -call plumbing services at the Santa Ana Regional Transportation Center at the rates set forth in Exhibit A to this Agreement. Except in the event of emergency repair services, City shall request a proposal from Consultant which proposal shall set forth the cost and time line of said repair. City may accept, reject or negotiate any said proposal. Consultant shall not commence work without written authorization, signed by the Executive Director of the Community Development Agency. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $9,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.