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AGREEMENT WITH DKS ASSOCIATES TO PROVIDE PHASED <br />AND TRANSITIONAL PARKING STUDY AT METRO EAST <br />MIXED USE OVERLAY DISTRICT EXPANSION PROJECT <br />THIS AGREEMENT is made and entered into this 17th day of April, 2018, by and between <br />-DKS Associates (DKS), a California Corporation, (hereinafter "Consultant'), and the City <br />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"), collectively the <br />"Parties". <br />RECITALS <br />A. On December 20, 2016, the Parties entered into Agreement #A-2016-373 (said <br />"Agreement") to retain Consultant to provide environmental consulting services for an <br />innovative phased and transitional parking study performed for the Metro East Mixed Use <br />Overlay District Expansion Project. The Term of Agreement #A-2016-373 expired on <br />December 31, 2017 and City desires to continue its retention of Consultant to complete <br />these services. <br />B. Consultant continued to perform work in furtherance of said Agreement after its <br />expiration and shall be compensated for such work pursuant to the terms of this new <br />Agreement. Consultant represents that Consultant is able and willing to complete these <br />services for 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 <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />The Scope of Work, attached as Exhibit A and incorporated by reference to this <br />Agreement, includes any and all work efforts related to the completion and preparation of <br />an innovative, phased, and transitional citywide parking code strategies study that would <br />initially assist with the Metro East expansion project, including analysis, preparation, <br />community outreach and related compliance with CEQA. <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 $37,743.53 during the <br />Term of this Agreement. Consultant shall provide City with an updated list <br />EXHIBIT 1 <br />25C-5 <br />