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CITY OF SANTA ANA <br />CONSULTANT -AGREEMENT <br />EXHIBIT II <br />SAMPLE AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this day of , 20_ by and between <br />, ("Consultant"), and the City <br />of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of: <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations including <br />all labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, <br />the rates and charges identified in Compensation - Exhibit B. The total amount to be <br />expended during the term of this Agreement shall not exceed $xxxxxx. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />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 <br />may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on [enter a Start Date or "the date first written above"] for a <br />three (3) year term with the option for the City to grant up to a two (2) 1-year renewals, exercisable by <br />a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section <br />15, below. <br />4. INDEPENDENT CONTRACTOR <br />37 <br />MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE - RFP #25-058 <br />