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INSURANCE ON FILE <br />WORK MAY PROCEED A-2003-214 <br />UNTIL INSURANCE EXPIRES <br />(, - a4-o4 <br />CLERK OF COUNCIL CONSULTANT AGREEMENT <br />DATE: ! a - 9-03 <br />THIS AGREEMENT made and entered into this day of 02;LpJp2R 2003 by <br />G� and between Houston -Harris PCS, Inc., a California corporation (hereinafter "Consultant"), and <br />(A.lhdion) the 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 />r,N <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />cleaning, inspecting and video taping sanitary sewer mains. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. 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 consulting firm in the field. <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 />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in the City's Request For Proposals <br />for Television Inspection of Sanitary Sewers, attached hereto as Exhibit A, and Consultants <br />Proposal and Fee Schedule, attached hereto as Exhibit B, all incorporated by this reference. <br />2. COMPENSATION <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 B. The total sum to be expended under this <br />Agreement shall not exceed $300,000.00 during the term of this Agreement. <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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on March <br />31, 2005, unless terminated earlier in accordance with Section 12, below. The term of this <br />