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THIS AGREEMENT, made and entered into this 3 x day of June, 2014 by and between <br />Clinical Laboratory of San Bernardino, Inc., a California corporation (hereinafter "Consultant "), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California (hereinafter "City"). <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />domestic water quality testing. <br />B. Consultant represents that Consultant 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 tinder this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting fine 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 />1. SCOPE OF SERVICES <br />Consultant shall provide domestic water quality testing in accordance with "Standard <br />Methods ", Title 22 of the California Code of Reguhnions, entitled "California Domestic Water <br />Quality and Monitoring Regulations ", and the Code of Federal Regulations. Such testing shall <br />include bacteriological quality, general physical quality, general mineral, nitrate /nitrite, <br />inorganics, fluoride, haloacetic acids and total triahalomethanes. All work shall be performed in <br />accordance with City's Request for Proposals dated March 13, 2014, attached hereto as Exhibit <br />A, and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT- OWNERSHIP <br />Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by CONSULTANT, pursuant to this Agreement shall be the property of <br />CITY. CONSULTANT agrees to provide CITY with any such materials whenever requested to <br />do so. <br />3. 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 Consultant's Fee Schedule, attached hereto as Exhibit B, and <br />incorporated by reference. The total sum to be expended under this Agreement shall not exceed <br />$140,000.00 during the tern of this Agreement. <br />25D -3 <br />