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CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 20TH day of January 2016, by and <br />between Enterprise Automation Inc. ( "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 <br />California ( "City "), <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in <br />providing an operational plan and system testing services for the Walnut Pump <br />Station. <br />B. For this purpose, the City issued A Request for Proposal dated October 8, 2015, <br />No. 15 -015, by which the City invited proposals for the Project. Following <br />evaluation by the City of all the proposals that were submitted, Consultant was <br />selected to complete the project. <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 <br />be 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 those services as set forth in the Exhibit A and incorporated by <br />reference to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />the rates and charges identified in Exhibit B and incorporated by reference to this <br />Agreement. The total sum to be expended under this Agreement shall be Two <br />Hundred and Thirty Three Thousand and Nine Hundred and Twenty Three Dollars <br />($233,923.00) during the term of this Agreement. <br />b. A contingency of fifteen percent (15 %) shall be available, at the discretion of the <br />Executive Director of Public Works, for services that are currently not anticipated, <br />but may be required to complete the Project. Consultant shall provide clear <br />documentation evidencing the need for any contingency costs, subject to prior <br />approval by the Executive Director of Public Works. This agreement is thus subject to <br />a total not to exceed shun of Two Hundred and Sixty Nine Thousand and Twelve <br />Dollars ($269,012,00) during the term of this Agreement. <br />Exhibit 2 <br />Page 1 of 8 <br />251 -59 <br />