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<br />"-"'URi~,N( [:"1 FlL' <br /> <br />N-2006-008 <br /> <br />:Ji_,',' ~ <br /> <br />",. 'Cd,,' <br />" '""Ii,,:,!l)i\--.,q,. <br />'~_J1_:J,~:::. .P. 6..-- <br />l,jLLi':, ur~ :,), 'ii'~!, i' <br /> <br />CONSULTANT AGREEMENT <br /> <br />!>ii;' /_)(./o\. <br /> <br />THIS AGREEMENT, made and entered into this 20th day of December 20, 2005 by and <br />between Tom Malloy Corporation dba Trench Shoring Company, a California corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />training in excavation, trenching and sloping techniques, protective systems, soils <br />classifications and confined space entry safety. <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 train 25 City employees on CAL-OSHA Title 8, Section 1540 through <br />1541.1, requirements pertaining to excavations, trenching and sloping techniques, protective <br />systems and soils classification, with an introduction to confined space entry safety, as set forth <br />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 />$125.00 per trainee. The total sum to be expended under this Agreement shall not exceed <br />$3,125.00 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 />