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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE JUL 11 2006 <br />flu <br />CONSULTANT AGREEMENT <br />A-2006-102 <br />THIS AGREEMENT, made and entered into this Is` day of May, 2006 by and between <br />J&G Industries, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />demolition and land clearing. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 />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 />SCOPE OF SERVICES <br />Consultant shall perform demolition and land clearing services, on an as-needed basis, as <br />requested in writing, by the Santa Ana Public Works Agency, as set forth in City's Request for <br />Qualifications dated January 27, 2006, incorporated by this reference, and Consultant's Response <br />dated February 15, 2006, attached hereto as Exhibit A. Said consulting services shall be <br />performed in accordance with a written proposal submitted by Consultant, which shall set forth <br />the services to be provided, the schedule and the fee for each accepted proposal. <br />2. COMPENSATION <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 B. The total sum to be expended under this <br />Agreement shall not exceed $500,000.00 during the term of this Agreement. <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.