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WOr,K 4AV P�Pnr•c_-_ <br />Z 23 <br />CEERK _ <br />DATE' ��� O 2 2022 <br />6, : ?WA (E) <br />CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND BLUE MOUNTAIN DEVELOPMENT FOR ART INSTALLATION <br />PROGRAM MANAGEMENT SERVICES <br />N-2022-360 <br />(SU"'NAV) THIS AGREEMENT is made and entered into on this 23 day of November, 2022 by and <br />between Blue Mountain Development, ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of <br />Art Installation Program Management Services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the services described in the City's Calls for Proposals: South <br />Main Public Arts Initiative — Phase 2 that is attached as Exhibit A and incorporated herein, and as <br />further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in <br />full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit B. The total amount to be expended <br />during the term of this Agreement shall not exceed $49,325.00. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and continue for a two (2) <br />year term, unless terminated earlier in accordance with Section 15, below. The term of this <br />