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<br />INSURANCl ~LOi i)'1 :iLl <br />WORK MAY NOI PROCEED <br />CLERK OF COUNCIL _ <br />DATE: SEP 2 0 ZUU:J <br /> <br />C:S-P!\",1l THIS AGREEMENT, made and entered into this i9t1l- day of SEtJfftJ1bey, 2005 by <br />lC.~~Y and between Mr. Clean Pool Care, a sole proprietor (hereinafter "Consultant"), and the City of <br />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 /> <br />N-2005-11O <br /> <br />CONSULTANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />cleaning and maintaining pools and fountains. <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. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. 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 swu to be expended under this <br />Agreement shall not exceed $5,000.00 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 />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 /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2007, unless terminated earlier in accordance with Section 12, below. In an effort to provide <br />uninterrupted service the parties agree that pool cleaning services provided on or after July 1, <br />20053, shall be included within the Scope of Services of this Agreement. The term of this <br />