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CONSULTANT AGREEMENT <br /> THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between <br /> Environmental Engineering and Contracting, Inc., a California corporation (hereinafter <br /> "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br /> existing under the 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 /> NPDES requirements, to inspect food service establishments for compliance with the <br /> City's Fats, Oil and Grease regulations. <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 /> <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 those services as set forth in Consultant's Proposal, attached <br /> hereto as Exhibit A and incorporated by reference. <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 Consultant's Fee Schedule, attached hereto as Exhibit B and <br /> incorporated by reference. The total sum to be expended under this Agreement, shall not exceed <br /> $180,000, annually, during the term of this Agreement. <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 <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 /> 3. TERM II <br /> This Agreement shall commence on July 1, 2010 and terminate on June 30, 2011, unless <br /> terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br /> extended for up to three additional one-year periods, upon the exercise of the option by the City. <br /> EXHIBIT 1 <br /> t <br /> 25H-3 <br /> <br />