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INSURANCE NOT ON "rr <br />iL- A-2003-237 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL. <br />DATE: 5 10 "p4 CONSULTANT AGREEMENT <br />� ` sI <br />l�,NOV THIS AGREEMENT made and entered into this day of 2003 by <br />C , I� �o) and between Kluger Architects, a California corporation (hereinafter "Consulta ) and the City <br />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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />architectural design services. <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 New Necropsy Facility, a portion of which is attached as Exhibit A to this Agreement, and <br />the remainder incorporated by this reference; and the Consultant's Proposal, including the time <br />schedule attached as Exhibit B, the fee schedule attached as Exhibit C and the remainder of <br />Consultant's Proposal which is 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 C. The total sum to be expended under this <br />Agreement shall not exceed $42,500.00 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 January 10, 2004 and terminate on January 10, 2005, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may <br />