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INSURANCE NOT ON FILE N- 2006 -097 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 9- "2'04 O: P +B C* (T. zerba) CONSULTANT ACRF.F.MF.NT THIS AGREEMENT, made and entered into this / day of SwkmLer 2006 by and between Kaku Associates, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing trader 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 traffic, parking and circulation issues. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the periomrance 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 provide consulting services regarding traffic, parking, and circulation related to projects being reviewed by the City. Said services shall be on -call basis provided upon the written request of the Executive Director of the Planning and Building Agency, which will request any specific Scope of Services and fee schedules(s) for each project. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed 510,000.00 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. 3. 'PERM This Agreement commences on the date first written above and will tenninate upon expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below.