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<br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />CATE: 'it ~ 7-0(. <br />0: FMS (')(&1> ~} <br /> <br />N-2006-098 <br /> <br />AGREEMENT BETWEEN TI IE CITY OF SANTA ANA <br />AND JUAN M. GONZALES <br /> <br />THIS AGREEMENT, made and entered into this J"'" day of Selltember .2006 by <br />and between Juan M. Gonzales a sole proprietorship (hereinafter "Contractor"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the Slate olTalilornia (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. I'he City desires to retain a Contractor having special skill and knowledge in the field of <br />Oracle datahase administration and payroll application support. <br /> <br />IJ. Contractor represents that Contractor is ahlc and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance oflhis Agreement, Contractor represents that it is <br />knmvledgeable in its field and that any service" performed by Contractor under this <br />Agreement will be perfurmed in compliance \vith such standards as may reasonably be <br />expected from a professional fIrm in the field. <br /> <br />NOW THEREFORE. in consideration of the mutual and respective promises, and suhject to the <br />terms and conditions hereinafter set forth, the parties agn:l;: as fullO\vs: <br /> <br />I. SCOPE OF SERVICES <br /> <br />Contractor shall perform those services as set rorth in Exhibit A to this Agreement. In <br />the event ofa conflict betw'een the terms of this Agreement and any nuachments hereto, the <br />terms of this Agreement shall prevail. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for ils services. <br />the rates and charges identified in Exhibit A ($85 per hour). The total sum to be expended under <br />this Agreement shall not exceed $10,000 during the term Oflhis Agreement. <br /> <br />b. Payment by City shall be made within thirty nO) days following receipt of proper <br />invoice evidencing \"lark performed, subject to City accounting procedures. Payment need not <br />be made tor \vork which fails to meet the standards of performance set forth in the Recitals <br />\vhich may' reasonahly he expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date flrsl written above and terminate on June 30, <br />2007unlt:ss terminated earlier in accordance \vith Section 12, belm\!. The term of this <br />