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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES Ob •22.1012� CLERK OF COUNCIL DATE: rl TWA ( WWI XI) T-T CONSULTANTAGREEMENT CITY OF SANTA ANA N-2021-193 THIS AGREEMENT is made and entered into on this I" day of June, 2021 by and between KFB Management, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation 0 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 digital billboards, particularly commercial terms related to media sales and revenue generation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. hi 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 to the City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $24,900. This amount is comprised of the (1) base sum of$23,400 and (2) a contingency in the amount of $1,500 for additional services at the City's sole direction. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subj ect 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. This Agreement shall commence on the date first written above and remain in effect for a period of one (1) year, unless terminated earlier in accordance with Section 15, below. The term maybe extended for one (1) one-year period upon a writing executed by the City Manager and City Attorney. Page 1 of 8