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INSURANCE ON FILE A-2023-160-02 WORK MAY PROCEED UNTIL INS RANCE EXPIRES CITY CLERK DATE: CONSULTANT AGREEMENT BETWEEN EPIC LAND SOLUTIONS, INC. AND THE CITY OF SANTA FOR ON -CALL RIGHT-OF-WAY SERVICES THIS AGREEMENT is made and entered into on this 19"' day of September, 2023 by and between Epic Land Solutions, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California r, ("City"). CV O N C1RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of 0 on -call right-of-way services. B. Consultant represents that it is able and willing to provide such services to the City. C. In 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 On an as -needed basis, and at the City's sole discretion, Consultant shall perform the services described in the scope of work that was included in RFP No. 22-150 and attached as Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit C, which is attached hereto and incorporated in full. Consultant is one of two consultants selected to provide on -call right-of-way services. The total aggregate amount, among the two consultants, shall not exceed the shared aggregate amount of $250,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject 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.