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1NSDFANCE ON FItE OF.i MAY PROCEED N-2006-112 ,~~TIL INSURANCE EXPIRES H-9' ~~~ CONSULTANT AGREEMENT CLERK OF COUNCIL DATE. /~-N'o4 p ~ 4'DR C 2? COane/~ ~lermdo) THIS AGREEMENT, made and entered into this 1s' day of November, 20065 by and between DEKRA-CITE, a California corporation (hereinafter "ConsultanP'), 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 consultatrt hating special skill and knorr~ledge in the field of installing holiday lighting and banners. R. Consriliant represents that Consultant is able and willing to provide such services to the City. C. In rmderlaking the performance of this Agreement, Consullturt reprosents that it is knowledgeable in its field and that any servrvices performed by ConsultanC under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NO~V TNEREFORF., in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall install, remove and store City owned decorations, as set forth in Exhibit A to this Agreement. 2. COMPENSA"PION a. City agrees to pay, and Consrdlant agrees to accept as total payment for its services, the sates and charges identified in Exhibit A. "Ihe total sum to be expended under this Agreement shall not exceed $8,900.00 during the term of this Agreement. b. Payment by Cit}~ shall be made as follows: • Fifty percent (50%) upon installation of decorations • Pifty percent (50%) upon removal and storage of decorations. Payment shall be made within seven (7) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made Ibr work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.