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<br />, <br />, INSUR'ANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />Lr ' Î ,C 't <br />CLERK OF. COUNCIL <br />DATE; lk¡-e4 <br /> <br />C/: {)\tJrl- <br />CHÒt£.d <br /> <br />A-2004-013 <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this .:?O~day of ...JMuttr.fL., 2004 by <br />and between Empire Pipe and Cleaning Equipment, Inc., a California corporation (hciemafter <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 />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />catch basis cleaning as required by the City's National Pollution Discharge Elimination <br />System (NPDES) permit. <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 />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 $55,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />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 October <br />31,2005, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the Public <br />Works Agency and the City Attorney. <br />