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INSiJRANCE NOfi ON FILE N- 2012 -�48 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: / x.- � s /2 <br />�- PWA � I� 2' `�_ ��� CONSULTANT AGREEMENT <br />NGY{J 11 v�Cl [1Q <br />THIS AGREEMENT, made and entered into this 2 Tday of October, 2012 by and between <br />Richard Brady and Associates, a California Limited Liability Corporation (hereinafter "Consultant "), and <br />the 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 water <br />resources management. <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 field and that any services performed by Consultant under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall assist City staff in the development of Standard Operating Procedures (SOP) <br />related to the management and safety of the City's water resources, as set forth in Exhibit A, attached to <br />this Agreement and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$25,000 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2013 <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the Executive Director of the Public Works Agency and the City <br />Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />