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<br />CONSUL T ANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this ih day of April 2008, by and between <br />Coast Surveying, inc., a California corporation, hereinafter referred to as "Consultant," and the City <br />of Santa Ana, a charter city and municipal corporation of the State of California, hereinafter <br />referred to as "City". <br /> <br />RECITALS <br /> <br />A. The City desires to retain a professional firm having special skills and knowledge in <br />the field of construction surveying services. <br /> <br />B. Consultant represents that it is able and willing to provide such services to the City. <br /> <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 Agreement will be <br />performed in compliance with such standards as may reasonably be expected from a professional <br />consulting firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall provide as needed construction surveying services to the City as set forth in <br />the Proposal and Rate Sheets attached hereto and incorporated herein as Exhibit A. Consultant <br />shall provide City with copies of all grade sheets and digital copies of corner records. <br /> <br />2. COMPENSA TION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall <br />not exceed $240,000.00 annually, during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This term of this Agreement shall be two (2) years, commencing on the date first written above <br />with one one-year option to renew exercisable by the Executive Director of Public Works, unless <br />terminated earlier in accordance with Section 12, below. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />25M-3 <br />