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IN`i'rti��.hiJCf ON FILE WORK MAY PROCEED Wilt, INSMANCE EE�UIRES CLERK OF U I,II -47 i1AY p 1 2019 CONSULTANT AGREEMENT (; CITY OF SANTA ANA da.✓Q� ��$t� C 1, ref THIS AGREEMENT is made and entered into this 1st day of April, 2019, by and between EcoNomics, Inc. ("Consultan"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant to provide services to assist the City's Public Works Agency in developing cost projections for an organics diversion program that is compliant with state law, B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed $25,000 during the term of this agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date stated above and continue through June 30, 2020, unless terminated earlier in accordance with Section 16 below. The terns of the Agreement may be extended for up to one year upon a writing executed by the City Manager and the City Attorney.