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A-2017-062 <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />This AGREEMENT is made and entered into this 5th day of April, 2017 by and between the City of <br />Santa Ana, California, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California, (hereinafter "CITY") and David Volz Design <br />(hereinafter "CONSULTANT"). <br />RECITALS <br />A. The CITY desires to retain a consultant having special skill and knowledge in the field of <br />Architectural and Landscape Architectural Design <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 expected <br />from a 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 during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully and <br />adequately complete the services described and set forth in Scope of Services - Exhibit A, attached <br />hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery <br />of Services which shall be delivered as prescribed, beginning upon the CITY's issuance of a Notice to <br />Proceed. ' <br />2. COMPENSATION <br />CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services for <br />CITY, an amount not to exceed $225,019 in accordance to rates and charge identified in Compensation <br />— Exhibit B, attached hereto and incorporated by reference. This includes a 10 percent contingency <br />amount of $20,456 which shall be expended at the sole discretion of the City. Compensation shall be <br />processed in accordance with Section 18. <br />3. TERM <br />This Agreement shall commence on the date first written above for a two -Year term with the <br />option for the CITY to grant up to two (2) one --year renewal option(s) exercisable by the City Manager <br />and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: y'51-, <br />rev.01/26/2017 Page 1 of 8 <br />