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A-2006-172 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of July, 2006 by and between Gillis & Associates Architects, Inc., a California Corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS LU A. The City desires to retain a consultant having special skill and knowledge in the field of � ,�, 9 architectural design services. zr o B. Consultant represents that Consultant is able and willing to provide such services to the �u1 o City. L¢ C. In undertaking the performance of this Agreement, Consultant represents that it is 00 o 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 andtonditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in City's Request for Proposal dated April 21, 2006, attached as Exhibit A to this Agreement ("UP"), and Consultant's Proposal dated May 12, 2006, attached as Exhibit B to this Agreement ("Proposal"). In case of any dispute between the terms of the RFP and the Proposal, the terms of the RFP shall prevail. 2. CITY OBLIGATIONS City shall provide Consultant with all records in the possession of City which will be of assistance to consultant in the performance of this Agreement 3. 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 Schedule, attched hereto as Exhibit C. The total sum to be expended under this Agreement shall not exceed $160,000.00 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.