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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 3 -xI-.,wxcj C7 � P wc, t21 w, I 9GI ve7,4s PROFESSIONAL SERVICES AGREEMENT LANDSCAPE ARCHITECTURE N-2020-058 THIS AGREEMENT is made and entered into this 3rd day of March, 2020 by and between >, MS+MEGT ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation C_ organized and existing under the Constitution and laws of the State of California ("City"). C RECITALS O© A. The City desires to retain a consultant having special skill and knowledge in the field of landscape architecture. 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 services that are described in the Scope of Work, which is attached as Exhibit A and incorporated in full. The services shall be delivered per the Schedule of Services as described in Exhibit B. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed Forty Nine Thousand Nine Hundred Fifty Dollars ($49,950.00). This sum is comprised of (1) the base amount of $37,050 and (2) a contingency in the amount of $12,900 for additional services at the City's sole discretion. b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on March 2, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for up to one 1-year period upon a writing executed by the City Manager- and City Attorney. Page 1 of 8