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A-2004-232 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />q- l -05 <br />CLERK OF COUNCIL <br />DATE: 11- 30 -0y <br />CONSULTANT AGREEMENT <br />C' PM THIS AGREEMENT, made and entered into this 18th day of October, 2004 by <br />0-7-ww) and between Science Applications International Corporation, a Delaware corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. City desires to retain a Consultant having special skill and knowledge in the field <br />of historic resource identification, evaluation and documentation. <br />B. Consultant represents that Consultant is able and willing to continue to provide <br />such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this <br />Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under, and during the term of, this Agreement, shall not exceed $69,000.00, which <br />amount includes a ten percent (10%) contingency fee. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />June 30, 2005, unless terminated earlier in accordance with Section 12, below. The term <br />