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<br />.. <br /> <br />y <br /> <br />N-2001-184 <br /> <br />CONSULTANT AGREEMENT <br /> <br />.)- J-O.......... <br /> <br />, O.!.- <br />..-., In <br />c. (If"'. <br /> <br />THIS AGREEMENT, made and entered into this third day of A~gus( ~O~ib:~d <br />between Damon Construction Company, 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 /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing labor and materials to prepare a construction site for concrete work at El <br />Salvador Park concession stand. This includes rental of temporary chain link fence, the <br />removal and installation of handicap striping around the concession stand, the rental of a <br />concrete pump, and the labor to move bleachers and install the fencing. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 <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 /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <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 <br />Agreement shall not exceed $10,000 during the term of this Agreement. <br /> <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 <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on August <br />3,2002, unless terminated earlier in accordance with Section 12, below. The term ofthis <br />