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nisuRANI,,1 .. _. N- 2006 -010 <br />w_ERitUa tOUNCIL <br />DATE_ — f CONSULTANT AGREEMENT <br />TIES AGREEMENT, made and entered into this 20 day of December, 2005 by and <br />between Emergency Planning Consultants, a sole proprietor (hereinafter "Consultant "), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />preparing Emergency Operations Plans. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />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 Agreement. The <br />parties anticipate that Consultant may be asked to perform additional services. Such services <br />will be set forth in a writing executed by the Fire Chief describing the services to be performed <br />and the compensation for said additional services. <br />COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />described in Exhibit A, a flat fee of $3,000.00. The total sum to be expended under this <br />Agreement shall not exceed $9,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />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 />December 31, 2006, unless terminated earlier in accordance with Section 12, below. The term of <br />