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N INSURANCE NOT ON FILE <br />L, WORK MAY NOT PROCEED <br />N CLERK OF COUNCIL <br />a DATE: <br />O:vWa(McVk orhL,)(I)u, <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />N-2021-053 <br />THIS AGREEMENT is made and entered into this 4 h day of May , 2020 by and between Atlas <br />Technical Consultants, LLC, ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />geotechnical, special inspection, & material testing to provide quality assurance for its Capital <br />Improvement Program on an as -needed basis. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF WORK <br />On an on -call basis, and at the City's sole discretion, consultant shall perform during the term of <br />this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental <br />customary work required to fully and adequately complete the services described and set forth in Scope <br />of Work - Exhibit A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant <br />under this agreement. Consultant shall be paid only of actual services performed under this <br />agreement at the rates and charges identified in Exhibit B. The total amount to be expended <br />under this Agreement shall not exceed $25,000 during the term of this Agreement, including <br />any extension periods exercised under Section 3. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />he 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 />3. TERM <br />This Agreement shall commence on the date first written above for a one (1) year term, unless <br />terminated earlier in accordance with Section 16, below. <br />