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y? S 01A <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, is made and entered into this 22th day of <br />February, 2000, by and between ASL CONSULTING ENGINEERS, <br />( "Consultant ") and the CITY OF SANTA ANA, a charter city and <br />Municipal Corporation duly organized and existing under the <br />Constitution and laws of the State of California ( "City "). <br />WITNESSETH <br />A. The City desires to retain a professional firm having skill <br />and knowledge in the field of engineering and landscaping on an <br />as- needed basis for the purpose of preparing construction <br />documents for the Public Works and Parks projects. <br />NOW THEREFORE, in consideration of their mutual and <br />respective promises, the parties hereto do hereby agree as <br />follows: <br />1. SCOPE OF SERVICES OF CONSULTANT. Consultant agrees to <br />perform, at his own cost and expense, those services specified in <br />Exhibit A, attached hereto and incorporated herein, subject to <br />any written modifications as may be set forth by the provisions <br />of this Agreement. <br />2. STANDARD OF PERFORMANCE. In undertaking the performance <br />of this Agreement, Consultant represents that he is knowledgeable <br />in the field of engineering and landscaping and that any services <br />performed by Consultant under this Agreement will be performed in <br />compliance with such requirements to the extent which may <br />reasonably be expected from a professional consulting firm in <br />that field. <br />3. PERFORMANCE BY THE CITY. The City shall provide <br />Consultant with all records in the possession of the City which <br />will be of assistance to Consultant in the performance of this <br />Agreement. <br />4. INDEPENDENT CONTRACTOR. Consultant agrees that he is <br />an independent contractor and not an employee of the City. <br />Consultant shall not subcontract any of the services required <br />without prior written approval of the City. <br />5. COMPENSATION. The City agrees to pay, and Consultant <br />agrees to accept as total payment for said services, that <br />compensation payable hereunder SHALL NOT EXCEED Three Hundred <br />Thousand Dollars ($300,000.00) for all hours worked, travel and <br />expenses. Payment by the City shall be made within thirty (30) <br />days following receipt of a proper invoice for work performed <br />during the preceding month, subject to City accounting <br />procedures. <br />1 <br />