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<br />, <br /> <br />N-2007 -018 <br /> <br />5.-/5~o1 <br /> <br />3 -/5 ~o7 <br /> <br />CONSULTANT AGREEMENT <br /> <br />0: Pwf}u.) <br />(1'I.5cWit) <br /> <br />THIS AGREEMENT, made and entered into this 9th day of January, 2007 by and <br />between Harold Wells Associates, a California corporation (hereinafter "Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of engineering, to prepare a design study report to upgrade the City's water <br />system Supervisory Control and Data Acquisition system Computer-Room <br />Uninterruptible Power Supply system. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Consultant's Proposal dated <br />December 19, 2006, attached hereto as Exhibit A to this Agreement. <br /> <br />2. COMPENSA nON <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $10,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br /> <br />3. WORK PRODUCT <br /> <br />Consultant shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in a hard copy and produced in a form <br />