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1NSURASCE ON FILE <br />WORK MAY PROCEED WC required if consultant <br />UNTIL INSURANCE EXPIRES has employees. <br />N-2010-086 <br />`t-/- // <br />CLERK OE.CO1CIL <br />DATE: 77'' / -.,0 CONSULTANT AGREEMENT <br />O: PRCS (a ) <br />Silvia Cuevas THIS AGREEMENT made and entered into this,_ day of;4d., 2010 by and between <br />David Giddens dba Giddens Irrigation, a sole proprietorship (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laves 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 />irrigation design. <br />B. Consultant represents that Consultant is able and willing to provide such serviecs 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 in the field. <br />NOW THEREFORE, in consideration ofthe 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 />$4,725.00 including expenses, per Exhibit A. <br />b. Payment by City shall be made within thirty (30) days following receipt ofproper <br />invoice evidencing work performed, subject to City accounting procedures. Progress payments <br />will be made monthly according to the percentage of completion. Payment need riot be made for <br />work which fails to meet the standards of performance set forth .in the Recitals which may <br />reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date set forth above and terminate on December <br />31, 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 Executive Directoe- of Parks, <br />Recreation and Community Services and the City Attorney. <br />