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<br />~:(>W¡} <br />ifJ)í;..) <br /> <br />'. INSURI\NCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE ~PIRES <br />¿;2-I-oLf <br />'êliRK OF COUNCIL4 <br />DATE: ¡-.)..).-D <br />. sf n I <br />THIS AGREEMENT, made and entered into this ~ day of ()¿u?",,!?er , 2003 by <br />and between Clinical Laboratory of San Bernardino, a California corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />A-2003-239 <br /> <br />CONSUL T ANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />performing domestic water quality testing. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. <br /> <br />COMPENSA nON <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 B. The sum to be expended under this Agreement is <br />$133,970.00, with a ten-percent (10%) contingency for a total amount which shall not exceed <br />$147,370.00 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 and the terms set <br />forth in Exhibit A and B. Payment need not be made for work which fails to meet the standards <br />of performance set forth in the Recitals which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2005. This is a two-year agreement, with an option, exercisable by City, to extend <br />the agreement for an additional two year period at the same price identified in Section 2 above. <br />This Agreement, however, may be terminated earlier in accordance with Section 12, below. The <br />