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INSURANCE NOT Gw ;-ILE A-2004-195 WORK MAY NOT PROCEED CLERK OF COUNCIL DATEi k-04 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 2(?14*`day of car 2004 by and between Ronald Garrett, an individual (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 A. The City desires to retain a consultant having special skill and knowledge in the field of traffic signal system support to fill a temporary vacancy, train City staff on operation of the system and perform traffic signal timing projects as requested by City. 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 manage the City's traffic signal control system while City completes a hiring process. When a new City employee is hired for this position, Consultant will provide training on the traffic signal control system. Consultant will also field investigate traffic signal operations, implement traffic signal timing data and provide engineering services to the City's Public Works Agency/Traffic Division as requested. Consultant and City agree that Consultant shall work 20 — 30 hours per week until the time the City's Public Works Agency has filled the vacancy with a permanent employee. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $45.00. The total sum to be expended under this Agreement shall not exceed $70,200.00 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.