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INSURANCE NO ON FILE <br />WORK MAY W1 PROCEED <br />to <br />OF COUNDL <br />t, DATE: C - 2 3- G <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />A-2016-204 <br />THIS AGREEMENT is made and entered into this 1" day of September, 2015 by and between David <br />Evans and Associates, Incorporated, a sole ownership entity, (hereinafter "Consultant"), and the City of <br />Santa Ana, a charier city and municipal corporation organized and existing under the Constitution and <br />laws of the State of Califortua (hereinafter "City"). <br />RECITAILS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />Landscape Architecture. <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 />fee of $94,128, at the rates and charges identified in Exhibit B attached hereto and <br />incorporated by reference. A contingency of ten percent (10%) or $9,412 shall be <br />available, at the discretion of the Executive Director of Public Works, for services that <br />are currently not anticipated, but may be required to complete the Project. The total suni. <br />to be expended under this Agreement shall not exceed $103,540 during the term of this <br />Agreement. <br />b. Payment by City shall be made within forty-five of days (45) days following receipt of <br />proper invoice evidencing work perforned, 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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate,on August 31, <br />2016, unless terminated earlier in accordance with Seetion 15, below. The term of this Agreement may <br />be extended for 2 one-year periods upon a writing executed by the City Manager and the City Attorney, <br />4. INDEPENDENT CONTRACTOR <br />