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AGREEMENT FOR PROVISION OF <br />ON-CALL ENGINEERING AND <br />TECHNICAL SUPPORT SERVICES <br />THIS AGREEMENT, made and entered into this 4th day of October, 2010 by and <br />between PDS Technical Services, a California corporation (hereinafter "Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under 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 <br />field of providing on-call technical and engineering labor services. <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide temporary engineering and technical services on an on- <br />call basis for the Santa Ana Public Works Agency, as set forth in Exhibit A. The <br />provision of said services will be in conformance with City's Request for Proposals dated <br />July 1, 2010, and Consultant's Proposal dated July 22, 2010, both the RFP and Proposal <br />are on file at the Santa Ana Public Works Agency and incorporated by this reference. <br />2. REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of City shall be <br />the Executive Director of the Public Works Agency, or his designated representative, <br />and the representative of the Consultant shall be the President or his/her designated <br />representative. Except as may be otherwise stated herein, such representatives shall have <br />the authority to act on behalf of their respective parties in carrying out the terms of this <br />Agreement. <br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and <br />perform this Agreement and will perform its obligations hereunder in accordance with <br />Exhibit 1 <br />25F-3