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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: OCT 2 5 7010 ` AGREEMENT FOR PROVISION OF ON -CALL ENGINEERING AND TECHNICAL SUPPORT SERVICES THIS AGREEMENT, made and entered into this 4th day of October, 2010 by and between PDS Technical Services, a California corporation (hereinafter "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 50 field of providing on -call technical and engineering labor services. 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: 1. SCOPE OF SERVICES A-2010-195 Consultant shall provide temporary engineering and technical services on an on - call basis for the Santa Ana Public Works Agency, as set forth in Exhibit A. The provision of said services will be in conformance with City's Request for Proposals dated July 1, 2010, and Consultant's Proposal dated July 22, 2010, both the RFP and Proposal are on file at the Santa Ana Public Works Agency and incorporated by this reference. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with