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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES A- 2007 -237 11- o9 -09 CLERK OF COUNCIL DATE: 1-11-03 CONSULTANT AGREEMENT TOn,� Ll?X�z THIS AGREEMENT made and entered into this 5th day of November, 2007 by and between WILLDAN, a California corporation (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 municipal plan check services. 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 such standards as may reasonably be expected from a professional consulting firm in the field. 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: SCOPE OF SERVICES Consultant shall provide plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly fee of $70.00. Total compensation to be provided pursuant to this Agreement shall not exceed $55,000.00 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, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.