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INSURANCE NO ON FILE A-2020-139 WORK MAY N_QT PPROCEED CLERK OF COUNCIL PW(DATE: J; 3 1 2020 IX kcilh �e l AGREEMENT WITH EEC ENVIRONMENTAL TO PROVIDE �S WASTE DISCHARGE REQUIREMENTS COMPLIANCE SERVICES THIS AGREEMENT is made and entered into on this 71 day of July, 2020 by and between E°Ee +Cinvivronmental, a California corporation ("Consultant"), 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 having special skill and knowledge in the field of providing consulting services that assist City staff with implementing key W DR -mandated programs, including Sewer System Management Plain auditing, maintenance optimization and the City's Fats, Oils, and Grease (FOG) control program as specified in Section 39-56 of the City's Municipal Code. B. Consultant provides resources and technical expertise to provide WDR compliance services and 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 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 B. The total amount to be expended under this Agreement shall not exceed $300,000 This sum is comprised of (1) the base amount of $285,500 and (2) a contingency in the amount of $14,500 for additional services -at the City's sole discretion. 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. Page 1 of 8 Non -Fed Funding (6.1 2020)