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INSURANCE SOT ON FILE <br />WORK MAY NOT PROCEED N- 201'1 -110 <br />CLERK OF COUNCIL <br />DATE: SEP 2,1 2011. <br />0 ; py�/� /wc��- C�� CONSULTANT AGREEMENT <br />(3rl av+ =6 � <br />THIS AGREEMENT, made and entered into this 30`x' day of August, 201 1 by and <br />between Padilla 8c Associates, Inc., a California corporation (hereinafter "Consultant "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />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 />labor compliance reporting. <br />B. Consultant represents that it 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 fiield 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 />SCOPE OF SERVICES <br />Consultant shall labor compliance monitoring and reporting for the Catalina Street Pump <br />Owners Association Water Services Connections project and the Diamond Park Mutual Water <br />Company Water Main Improvements project being undertaken by the City of Santa Ana, as set <br />forth in Exhibit A, attached hereto and incorporated by this reference. <br />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 Agreement <br />shall not exceed $20,000 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 be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. WORK PRODUCT <br />Consultant represents and warrants the Consultant's contribution to the Project, <br />including works to be produced by Consultant hereunder, will not infringe or <br />misappropriate the proprietary or pE:rsonal rights of any third person or party. Consultant <br />shall deliver to City any work product which results from the services provided. Said <br />work product shall be submitted in hard copy and produced in a form compatible with <br />City's information systems, as agreed between the Project Manager and Consultant. <br />=� <br />