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<br />~: IJ::!~ <br />(C.e:, <br /> <br />INSURANce nOT ON ~\LE. <br />WORK M/.\Y NO! PRocEED <br />CLERK OF COUNCIL <br />DA1E: ~ -.2 -05 <br />THIS AGREEMENT, made and entered into this t Stf'-. day of /IIovUHbe.Y" ,2004 by <br />and between A Thru Z Consulting and Distributing, Inc., a California corporation (hereinafter <br />"Contractor"), 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-2004-253 <br /> <br />CONTRACTOR AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />Engineering to design and install aviary netting at the Santa Ana Zoo, Colors of the <br />Amazon Aviary exhibit. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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. SCOPE OF SERVICES <br /> <br />CONSULTANT agrees to perform the services specified in the RFP dated September 20, <br />2004, attached hereto as "Exhibit A" and incorporated herein by reference and Contractor's Cost <br />Proposal dated October 6, 2004, attached hereto as "Exhibit B" and incorporated herein by <br />reference, subject to modifications as may be set forth in the text of this Agreement. <br /> <br />Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of <br />CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to <br />do so. <br /> <br />2, COMPENSATION <br /> <br />a. City agrees to pay, and Contractor 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 $245,000.00, which sum includes a fifteen percent (15%) <br />contingency, 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. Payment need not <br /> <br />-1- <br />