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ATTACHMENT 11 <br />SAMPLE PROFESSIONAL. SERVICE AGREEMENT <br />THIS AGREEMENT is made and entered into this ist day of February 1, 2020 by and between <br />, ("Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />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 in providing Utility Users' <br />Tax - Electric, Gas, & Telecommunications revenue auditing, recovery, reporting, <br />analyses, and legislative and state agency liaison and implementation monitoring <br />(including coordination with City's state and federal lobbyist in connection with <br />legislation/regulation to City's general tax resources) services. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />the 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 <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to <br />fully and adequately complete the services described and set forth in Scope of Services -- <br />Section III, attached hereto and incorporated by reference. <br />2. COORDINATION OF WORK OR SERVICES <br />A. Change Order Required <br />No extra work or adjustment in the time to perform this Agreement may be <br />undertaken unless a written "Change Order" is first given by the Contract Officer or <br />his/her designee, to Consultant, incorporating therein any material and <br />administration of this Agreement for CITY and have authority to enter into Change <br />Orders with Consultant pursuant to this Agreement. It shall be Consultant's <br />responsibility to assure that CITY's Contract Officer is kept informed of the <br />progress of the performance of the consulting services set forth in this Agreement <br />and Consultant shall refer any decisions which must be made by CITY to the <br />Contract Officer. The Contract Officer shall have authority to sign all documents on <br />behalf of CITY required hereunder to carry out the terms of this Agreement. <br />Unless otherwise specified herein, any approval of CITY required hereunder shall <br />mean the approval of the Contract Officer, All notices regarding consulting services <br />or requested changes in said Agreement shall represent adjustments in the <br />contract and/or in the time to perform this Agreement, which said adjustments are <br />subject to the written approval of Consultant. <br />City of Santa Ana — Revenue Auditing, Recovery, Reporting, Analysis, and legislative/state Agency <br />Liaison and Implementation Monitoring Services <br />Request for Proposals No. 20-137 Page 31 <br />October 26, 2020 <br />