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AGREEMENT FOR PROVISION OF <br /> WATER QUALITY TESTING SERVICES <br /> THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between <br /> Clinical Laboratory of San Bernardino, Inc., a California corporation (hereinafter "Consultant"), <br /> and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br /> the 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 /> domestic water quality testing. <br /> B. Consultant represents that Consultant is able and willing to provide such services to the 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 provide domestic water quality testing in accordance with "Standard <br /> Methods", Title 22 of the California Code of Regulations, entitled "California Domestic Water i <br /> Quality and Monitoring Regulations", and the Code of Federal Regulations. Such testing shall <br /> include bacteriological quality, general physical quality, general mineral, nitrate/nitrite, <br /> inorganics, fluoride, haloacetic acids and total triahalomethanes. All work shall be performed in <br /> accordance with City's Request for Proposals dated February 2010, attached hereto as Exhibit A, <br /> and incorporated by reference. <br /> 2. DELIVERY OF WORK PRODUCT -OWNERSHIP <br /> Any and all records, papers, drawings, specifications, programs, systems and other <br /> materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of <br /> CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to <br /> do so. <br /> 3. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br /> <br /> the rates and charges identified in Consultant's Fee Proposal, attached hereto as Exhibit B, and <br /> incorporated by reference. The total sum to be expended under this Agreement shall not exceed <br /> <br /> $104,918.00 during the term of this Agreement. <br /> EXHIBIT 1 <br /> 25G-3 <br /> <br />