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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES `{ J , O CLERK OF COUNCIL DATE: SC-.2t. -~~ N-2008-107 O : CDA j~dmlv`. (z~ CONSULTANT AGREEMENT GLW~ lAm2ti THIS AGREEMENT, made and entered into this 20`h day of July, 2008 by and between DEKRA-CITE, a California corporation (hereinafrer "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 installing holiday lighting and banners. 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: I. SCOPE OF SERVICES Consultant shall install, remove and store City owned holiday decorations, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made as follows: • Fifty percent (50%) upon installation of decorations • Fifty percent (50%) upon removal and storage of decorations. Payment shall be made within seven (7) 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.