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D <br />V <br />WE <br />L 11YOU11ANUL WIRES <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />DATE: <br />CONSULTANT AGREEMENT <br />A- 2011 -144 <br />THIS CONSULTANT AGREEMENT made and entered into this 6th day of June 2011, <br />by and between Kimley -Horn and Associates, Inc. (hereinafter "Consultant'), and the City of <br />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 />parking operations. <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 the services set forth in Exhibit A, attached hereto and <br />incorporated herein. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $74,750 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 upon completion of the project, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first set forth above and terminate on June <br />30, 2012, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Deputy City Manager for <br />Development Services and the City Attorney. <br />