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FILE <br />[CE EXPIRES <br />ctLR � F UOUNCIL <br />CONSULTANT AGREEMENT <br />D <br />THIS AGREEMENT made and entered into this 5a day of November, 2007 by <br />and between Environmental Engineering and Contracting, Inc., a California 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-2007-245 <br />A. The City desires to retain a consultant having special skill and knowledge in ' <br />the field of inspecting food service establishments for compliance with the <br />City's Fats Oil and Grease Control Program. <br />B. Consultant represents that Consultant is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that <br />it 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 />SCOPE OF SERVICES <br />Consultant shall assist in implementing the City's Fats Oil and Grease Control <br />Program, as set forth in Exhibit A to this 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 Consultant's Fog Program Cost Estimate and <br />Fee Schedule, attached hereto as Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $180,000.00 during the term of this Agreement. <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 <br />set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on January 1, 2008 and terminate on <br />December 31, 2008, unless terminated earlier in accordance with Section 12, below. <br />