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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 15°i day of November, 2016 by and <br />between Municipal Code Corporation, a Florida corporation (hereinafter "Consultant"), and the <br />City of Santa. Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />municipal code republication services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services perfomled by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />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 />terns and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide Santa Ana Municipal Code (bereinafter "SAMC) republication <br />and update services in both written and electronic versions as set forth in Exhibit A to this <br />Agreement. SAMC shall be published in a double column format, 10 point font. Updates will <br />be provided on a semi-annual basis. Consultant shall also provide the OrdBank service, allowing <br />for the posting of ordinances online in PDC format in between supplements. Upon completion of <br />the supplement, the ordinances will be linked in the history notes and stored in the OrdBank <br />Repository of the online code. <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 A. The total sum to be expended under this <br />Agreement shall not exceed $25,000.00 annually during the three (3) year Term of this <br />Agreement; with aggregate payment not to exceed $75,000.00 over the three (3) year Term. <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. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />25A-3 <br />