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CITY OF SANTA ANA <br />EXHIBIT II <br />SAMPLE AGREEMENT <br />CONSULTANT -AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this day of , 20_ by and between <br />, ("Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of: <br />B. Consultant represents that Consultant 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 knowledgeable in its field <br />and that any services performed by Consultant under this Agreement will be performed in compliance with <br />such standards as may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, <br />materials, tools, equipment, and incidental customary work required to fully and adequately complete the services <br />described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. <br />COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates <br />and charges identified in Compensation - Exhibit B. The total amount to be expended during the <br />term of this Agreement shall not exceed $xxxxxx. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing <br />work performed, subject to City accounting procedures. Payment need not be made for work which <br />fails to meet the standards of performance set forth in the Recitals which may reasonably be expected <br />by City. <br />TERM <br />This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) <br />year term with the option for the City to grant up to a number (#)-year renewals, exercisable by a writing by the <br />City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br />4. PREVAILING WAGES <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et <br />seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which <br />require the payment of prevailing wage rates and the performance of other requirements on "public works" and <br />"maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" <br />project, as defined by <br />