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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 16 1h day of September, 2013 by and between <br />Evan Brooks Associates, a California corporation, (hereinafter "Consultant"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />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 strategic <br />planning for transportation projects. <br />B. Consultant represents that it 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 <br />knowledgeable in its field and that any services performed by Consultant under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting 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 provide project management services for the Santa Ana Fixed Guideway Project <br />("Project") to guide the certification of the environmental documentation, and to select a local preferred <br />alternative (LPA), as set forth in Exhibit A, attached hereto and incorporated by this reference. <br />Consultant may provide outreach services at the written request of the Executive Director of Public <br />Works or his designated representative. <br />Additionally, Consultant shall administer City's consultant contracts related to the Project to <br />ensure the services and deliverables comply with the guidelines of the City's funding partners and <br />regulatory agencies, including but not limited to OCTA, and the Federal Transit Administration (FTA). <br />Consultant shall review deliverables submitted by consultants, then forward to City staff. Consultant <br />shall meet with the Executive Director of Public Works on a regular basis to keep him informed regarding <br />the progress of the Project, issues which may arise to threaten the schedule or budget, and to receive <br />direction regarding City's concerns, interests and vision regarding the Project. Consultant shall not take <br />a position on any policy without first obtaining the direction of the Executive Director. <br />Consultant shall represent the City at meetings with OCTA, FTA and other regulatory agencies; <br />develop written correspondence including memos, letters, staff reports, meeting minutes, agendas and <br />presentations to the City Council and OCTA Board as necessary to keep the City, its funding partners and <br />regulatory agencies informed of the progress of the Project; and provide written and oral progress reports to <br />the Project team, including consultants and the Executive Director and his staff. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit B. Consultant shall ensure that the task hours comply with the proposed <br />hourly effort. The total sum to be expended under this Agreement shall not exceed $75,000 during the <br />term of this Agreement. <br />EXHIBIT 1 <br />25B-3