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INSURANCE ~YQT ON FILE N-2009-076 <br /> WORK MAY OT PROCEED <br /> CLERK OF COUNCIL <br /> DATE; jU~ l 3 2069 CONSULTANT AGREEMENT <br /> <br /> C.>~, C i~A/Z lie , Sa=d <br /> Ccr~a yip F~.,~I? ~'t THIS AGREEMENT, made and entered into this ls` day of July, 2009 by and between <br /> Platinum Pool and Spa, a privately owned and operated company (hereinafter "Consultant"), and <br /> the Community Development Agency for the City of Santa Ana, a charter city and municipal <br /> corporation organized and existing under the Constitution and laws of the State of California <br /> (hereinafter "City"). <br /> RECITALS <br /> A. The City desires to retain a consultant having special skill and knowledge in caring for <br /> and maintaining the fountain at the Santa Ana Regional Transportation Center. <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 perform those services as set forth in Exhibit A to 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 $3,000.00 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 /> 2010, unless terminated earlier in accordance with Section 12, below. The term of this <br /> Agreement may be extended upon a writing executed by the Deputy City Manager for <br /> Development Services. <br /> 1 <br /> <br />