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N <br />C) <br />A-2016-173 <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between Mark <br />Thomas and Company, (hereinafter "Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />A. The City desires to retain a consultant having special skill and knowledge in the field of: <br />On -Call Engineering Services to provide engineering services on an as -needed basis. <br />Engineering services may include but are not limited to, civil engineering, electrical engineering, <br />traffic engineering, geotechnical, land/property surveying, structural, storm drain, water or sewer <br />line -related engineering, architecture and landscaping design services and grant writing services. <br />Environmental and/or planning support services may also be requested. Prior to issuing a Task <br />Order, the City may request a detailed Scope of Work, for a specific project/task. If requested, <br />the consultant would provide a task proposal, budget and schedule for the Task Order. From <br />this, the City may choose which consultant to assign the project/task to pursuant to this <br />Agreement. <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 <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 Two Hundred Fifty Thousand Dollars ($250,000) over the <br />entire life of the Agreement, including any renewal period(s). <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />Page d <br />