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04 VILE <br />u�rr V,,,J PROCEED <br />iNSURANCE EXPIRES <br />S�1-D 1 <br />,,EERY. of COUNCIL <br />OAT€t - 2g o4S <br />CONSULTANT AGREEMENT <br />N-2008-094 <br />0-, FW A ( 1) THIS AGREEMENT, made and entered into this 9`h day of July, 2008 by and between <br />5,.,e+ A* MEC GEOMATRIX, Inc., a California corporation (hereinafter "Consultant'), and the City of <br />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 />NPDES permit requirements, to conduct inspections and provide effectiveness <br />assessment. <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 />1. SCOPE OF SERVICES <br />Consultant shall conduct commercial and industrial facility inspections, assist with the <br />City's Program Effectiveness Assessment and NPDES field callouts, as set forth in Exhibit A to <br />this Agreement. <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 $25,000.00 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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2009, unless terminated earlier in accordance with Section 12, below. The term of this <br />