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<br />"NSU~.ANCE NOT ON f"1\..t <br />WORK MAY NO! ~ROCEED <br />CLERK OF COUNCil <br />DATE: 11-1-os <br /> <br />PWf} li) <br />(N-.s~ <br /> <br />"- <br /> <br />A-2005-253 <br /> <br />-...I <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this ?.,S f day of c) c.-Jolo a y- , 2005 by <br />and between Severn Trent Services Inc., a California Corporation (hereinafter "Consultant" or <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under 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 />retrofitting systems. <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 of the 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 ClorTec Power Supply <br />Upgrades Proposal No. Q4-0909-C, August 12, 2005) to this Agreement. In the event of a <br />conflict between the terms of this agreement and any Standard Terms and Conditions of Sale <br />contained in Exhibit A, THE TERMS OF THIS AGREEMENT SHALL PREVAIL. <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 $79, 920.00 during the term ofthis 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 />