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EXHIBIT 2 <br />CONSULTANT AGREEMENT BETWEEN <br />INTERWEST CONSULTING GROUP, INC. AND THE CITY OF SANTA <br />FOR ON -CALL RIGHT-OF-WAY SERVICES <br />THIS AGREEMENT is made and entered into on this 191h day of September, 2023 by and <br />between Interwest Consulting Group, Inc. ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of <br />on -call right-of-way services. <br />B. Consultant represents that it is able and willing to provide such services to 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 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 />On an as -needed basis, and at the City's sole discretion, Consultant shall perform the <br />services described in the scope of work that was included in RFP No. 22-150 and attached as <br />Exhibit A, and as further delineated in Consultant's proposal, which is attached as Exhibit B and <br />incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for services performed <br />under the Agreement at the rates and charges identified in Exhibit C, which is attached <br />hereto and incorporated in full. Consultant is one of two consultants selected to provide <br />on -call right-of-way services. The total aggregate amount, among the two consultants, <br />shall not exceed the shared aggregate amount of $250,000 annually during the term of <br />this agreement, including any extension periods. <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 />1 <br />