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INSURANCE NOT ON FILE WORK MAY NOT PROCEED CITY CLERK A-2023-128-01 DATE: FEB 2 0 2024 0 . PW A(0) CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND CK. i S)4w' COMMUNICATIONS LAB FOR PREPARATION OF CONSUMER CONFIDENCE REPORTS AND AUXILIARY SERVICES ON AN ON -CALL BASIS THIS AGREEMENT is made and entered into on this 18th day of July, 2023 by and between Communications LAB ("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 ("City"). RECITALS A. On April l3, 2023 the City issued a Request for Proposal ("RFP") No. 23-014, by which it desired to retain a consultant having special skill and knowledge in the preparation of Annual Consumer Confidence Reports regarding the City's water system and sanitary sewer system, as well as the performance of the following "Auxiliary Services" including, but not limited to: the creation of a Strategic Plan; updating the City website and web based CCR; composing and designing ready for print brochures, postcards letters, and bill inserts for public distribution; development of water related campaigns; targeted outreach for water campaigns; creation of live action media and videos including Public Service Announcements, on an on -call basis for the City's Public Works Agency. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide such services described in the scope of work that was included in the RFP No. 23-014. 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 Consultant shall perform all those services described above and described in the scope of work section included in RFP No. 23-014 on an on -call basis and at the City's sole discretion during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth above, and in the "Scope of Services - Exhibit A", attached hereto and incorporated by reference, and as further described in Consultant's Proposal, attached hereto an incorporated herein by this reference as "Consultant's Proposal - Exhibit B". 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services Page 1 of 9