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CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 20th day of April, 2016 by and between <br />DUDEK, Inc., (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 <br />California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of Aquatic Engineering. <br />B. Consultant represents that Consultant is able and willing to provide such services <br />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 <br />Agreement will be perfonned 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 shalt perform those services as set forth in 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 />for fee of $49,703.00, at the rates and charges identified in Exhibit B attached <br />hereto and incorporated by reference. A contingency often percent (10 %) shall be <br />available, at the discretion of the Executive Director of Public Works, for services <br />that are currently not anticipated, but may be required to complete the Project. The <br />total sum to be expended under this Agreement shall not exceed $55,000.00 during <br />the tern of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Exhibit 1 <br />Page 1 of 8 <br />25B -5 <br />