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CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 20'h day of December 2016 by and between <br />KOA Corporation (KOA) a California Corporation (hereinafter "Consultant'), and the City of <br />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 />environmental consulting services, City desires to have a traffic impact study <br />performed for the Metro East Mixed Use Overlay District Expansion Project. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />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 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 />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement for <br />the preparation of an environmental document to analyze traffic impacts associated with the <br />Metro East Mixed Use Overlay District Expansion project. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit B. The total sum to be <br />expended under this Agreement shall not exceed Eighty Thousand Five <br />Hundred and Eighteen Dollars and Seventy -Five Cents ($80,518.75) during the <br />term of this Agreement. <br />Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2017. unless terminated earlier in accordance with Section 15, below. The <br />Term of this Agreement may be extended upon a writing executed by the City Manager and <br />the City Attorney, <br />EXHIBIT 1 <br />25E-5 <br />