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1NSUR^.tdCE C^J FILE <br />UiJTIL Ir._ % ^ y CONSULTANT AGREEMENT <br />Oj_EF: OF COUIZIL r <br />DATE:t� - /3� 9 4 <br />THIS AGREEMENT, is made and entered into this 1;1r p day <br />of Z& , 1999, by and between P&D ENVIRONMENTAL, a <br />divisl n of P&D Consultants, ("Consultant") and the CITY OF <br />SANTA ANA, a charter city 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 <br />special skill and knowledge in the field of environmental <br />consulting services to assist the City in the discharge of its <br />responsibilities under the California Environmental Quality Act <br />(California Public Resources Code sections 21000 et seq.) <br />("CEQA") and the regulations of the Secretary of Resources <br />promulgated pursuant thereto (California Code of Regulations, <br />Title 14, sections 15000 et seq.) ("CEQA Guidelines") with <br />respect to the development located at 1001-1211 North Broadway, <br />Santa Ana, commonly known as the One Broadway Plaza Project <br />("Project"). <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 WORK OF CONSULTANT. Consultant agrees to <br />perform, at his own cost and expense, the scope of services as <br />specified in the One Broadway Plaza EIR Scope of Work, Exhibit <br />"A," attached hereto and incorporated herein by reference. <br />2. STANDARD OF PERFORMANCE. In undertaking the performance <br />of this Agreement, Consultant represents that his staff is <br />knowledgeable in the field of environmental consulting services <br />and in the requirements imposed by the CEQA Statutes, the CEQA <br />Guidelines and City of Santa Ana procedures. Additionally, the <br />Consultant affirms that any services performed by his staff and <br />all sub -consultants 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 and <br />all Consultant's personnel shall be employees of Consultant and <br />