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EXHIBIT 1 <br />CONSULTANT AGREEMENT BETWEEN ELS ARCHITECTURE AND URBAN <br />DESIGN, AND THE CITY OF SANTA ANA FOR LANDSCAPE ARCHITECTURAL <br />SERVICES FOR MEMORIAL PARK AND <br />AQUATICS FACILITY RENOVATION <br />THIS AGREEMENT is made and entered into this 15th day of August, 2023 by and <br />between ELS Architecture and Urban Design ("Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RF.f TTAT,C <br />A. On April 27, 2023, the City issued Request for Proposal ("RFP") No. 23-061, by <br />which it sought a qualified consultant to perform master planning, preparation of <br />contract documents, and construction support for the new Memorial Park and <br />Aquatics Facility Renovation <br />B. Consultant submitted a responsive proposal that was selected by the City. <br />Consultant represents that it is able and willing to provide the services described <br />in the scope of work that was included in RFP No. 23-061. <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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional contracting 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 all those services which were described in the scope of work <br />included within RFP No. 23-061, attached hereto and incorporated herein by this reference as <br />Exhibit A, and as further described in Consultant's Proposal, attached hereto and incorporated <br />herein by this reference as Exhibit B. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services under this Agreement, the rates and charges identified in Consultant's <br />Fee Proposal, attached hereto and incorporated herein by this reference as Exhibit <br />C. The total sum to be expended under the term of this Agreement, including any <br />extension periods, shall not exceed $1,779,170.00. This sum is comprised of (1) <br />the base amount of $1,547,104.00; and (2) a contingency in the amount of <br />$232,066.00 for additional services at the City's sole discretion. <br />Page 1 of 10 <br />