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INSURANCE ON FILE <br />WORK MXY PRCCEED <br />UNTIL INSURANCE EXP N-2017-167 <br />CLERK (COUNCIL <br />DATE:. 24 2017 <br />® CAW C/� CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 231d day of August, 2017, by and <br />between Kimley-Horn and Associates, Inc., a North Carolina corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California <br />(hereinafter "Cit)"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of development entitlement process evaluation services. <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 <br />is knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the 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 <br />Agreement. <br />City agrees to pay, and Consultant agrees to accept as total payment for <br />its services, the rates and charges identified in Exhibit B. The total sum <br />to be expended under this Agreement shall not exceed twenty-five <br />thousand dollars ($25,000.00) during the term of this Agreement. <br />b. Payment by City shall be made within forty-five (45) days following receipt <br />of 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 <br />be expected by City. <br />This Agreement shall commence on the date first written above and terminate <br />after six (6) months, 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 <br />and the City Attorney. <br />