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CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 21st day of October, 2015 by and between PENCO <br />Engineering, Inc. ( "Consultant "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. On June 24, 2015, the City issued Request for Proposal No. 15 -045, by which it sought proposals <br />from qualified firms for engineering, technical, and administrative support services to be <br />provided to the Public Works Agency on an as- needed basis. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. <br />Consultant represents that it is able and willing to provide the services described in the scope of <br />work that was included in RFP No. 15 -045 as Attachment 1 and that is also attached to this <br />Agreement as Exhibit A. <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 perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <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 B. The total sum to be expended under this . <br />Agreement shall not exceed $500,000 during the term of this Agreement. <br />b. Payment by City shall be made within forty -five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures, <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM _ ._..... ... .. <br />This Agreement shall commence on the date first written above mid terminate on October 21, <br />2018, unless tenninated earlier in accordance with Section 15, below. The term of this Agreement may <br />be extended for one (1) two -year period upon a writing executed by the City Manager and the City <br />Attorney. <br />Vii: Q <br />