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<br />INSURr\NCE t~DT ON fill. <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />OATE:3/~/o" <br /> <br />.~) THIS AGREEMENT, made and entered into this 2 I 51 day of February, 2007 by and <br />D. CbA- \ between United Storm Water Inc., a California corporation (hereinafter "Consultant"), and the <br />(b.~l City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />N-2007 -022 <br /> <br />CONSULTANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />draining pools. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall drain the water from the swimming pool at the YMCA located at 205 W. <br />Civic Center Plaza, Santa Ana, California as set forth in Exhibit A, attached hereto. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for the services <br />described above, the rates and charges set forth in Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $2,500.00 during the term of this Agreement. <br /> <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. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2007, unless terminated earlier in accordance with Section 12, below. The term of this <br />