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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 5th day of May, 2008 by and between <br />Johnson-Frank & Associates, Inc., a California corporation (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 />engineering, including aerial mapping and surveying services. <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 aerial mapping and surveying services for arterial and local <br />streets and public parks projects, on an as-needed basis, as set forth in Exhibit A to this <br />Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B to this Agreement. The total sum to be expended <br />under this Agreement shall not exceed $300,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice, subject to City accounting procedures. The monthly invoice shall provide a detailed <br />breakdown of the services performed during the previous month, including project title and <br />limits, tasks, hour and unit costs or hourly rate. City shall retain fifteen percent of the contract <br />price for each project until the completed Project has been accepted by City. 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 />25K-3 <br />