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INSURAW"[ ieJl M VILE A-2006-021 +Ji PROCEED OF COUNCIL CONSULTANT AGREEMENT ATE: 3 7 LTFIIS AGREEMENT, made and entered into this 6°i day of February, 2006 by and between EIP Associates, a California corporation (hereinafter "Consultant"), and the City of Cl k tr) Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of preparing Environmental Impact Reports and related technical studies. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services necessary to preparation of an Environmental Impact Report and related technical studies for the First and Fourth Streets Study Area, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Fee Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $391,200.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate upon certification of the final EIR, unless terminated earlier in accordance with Section 12, below.