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INSURANCE Nor ON ~ILE WORK MAY NO: Pi<UCEEO CLERK OF COUNCIL DATE; $$ 'ILi--o'.7 N-2005-099 e, fll.m- (~~) CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ;21 day of ~t.. t ,2005 by and between Centronix Power Inc., a California Corporation (hereinafter "Consul ant" ) 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 operational-logic reviews of pumping stations. 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 A. Consultant shall perform those services as set forth in Exhibit A ( Request for Proposal "RFP") and Exhibit B (Letter Dated July 1, 2005 Proposal for Engineering Services from Russell Cotton to Nabil Saba) to this Agreement. In the event of a conflict between the terms of this Agreement and any attachments and/or Exhibits hereto, the terms ofthis Agreement shall prevail followed by the terms of Exhibit A (Request for Proposal) followed by the terms of Exhibit B (Proposal for Engineering Services from Russell Cotton to Nabil Saba) 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $10, 000.00 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.