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Appendix <br />ATTACHMENT 2 <br />SAMPLE AGREEMENT <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this day of , 2021 by and between <br />("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California ("City"). <br />RFICITALS <br />A. On , 2021, the City issued Request for Proposal No. 21-004, by which it sought a <br />consultant to provide spill response, hazardous waste disposal, and storm drain facility <br />maintenance services. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work that <br />was included in RFP No. 21-004 and addendum thereto. <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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional contracting 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 SERVICES <br />Consultant shall perform the services that were described in the scope of work that was included in <br />REP No. 21-004, including addendum thereto, and as more specifically delineated in Consultant's proposal, <br />which is attached as Exhibit A — Scope of Services and incorporated in full. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this <br />Agreement, the rates and charges identified in Exhibit B — Fee Schedule. The total annual sum <br />to be expended under the term of this Agreement, including any extension periods, shall not <br />exceed $300,000. <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 <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />City of Santa Ana RFP 21-004 Page A2-1 <br />