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N- 2003 -011 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this t3�� day of , 2007 by <br />and between Beavens Systems, Inc. a California corporation (hereinafter "Consultant "), and the <br />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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing East Reservoir Control Valve Programming and Training. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 />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 />SCOPE OF SERVICES <br />Consultant shall provide a model program for control of filling tanks; including but not <br />limited to control strategy development, PLC programming, training on the programming and <br />one day of start up assistance as further detailed in Exhibit A to this Agreement. <br />The program shall become the property of the City of Santa Ana. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed $ 5,000.00 during the term of this Agreement. <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 />INSURANCEAV ON FILE <br />WORK MAY ,PROCEED <br />CLERK OF COUNCIL <br />DATE: <br />C, owl <br />o3 <br />