TIME WARNER WAS ADELPHIA CABLEVISION (PREVIOUSLY ADELPHIA COMMUNICATIONS - COMCAST CABLEVISION) 2 - 2006

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A-2006-069 Ca -( -~7 o, pros Cpl Cans) CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 9`h day of November, 2006 by and between Time Warner NY Cable LLC, a Delaware limited liability company (hereinafter "Consultant"), 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 consultant having special skill and knowledge in the field of installation of fiber optic cable. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with uniform construction standards. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall install fiber optic cable from Ross Street to Council Chambers, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended by the City under this Agreement shall not exceed $21,180.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed. Payment need not be made if the installation fails to meet the standards of performance set forth in the Recitals. 3. TERM This Agreement shall commence on the date first written above and terminate on City's acceptance of the work and payment of Consultant.