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INSURANCE NOT ON FILL A-2022-204-06 WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE ON -CALL VARIOUS ENVIRONMENTAL SERVICES: HAZARDOUS MATERIALS SURVEYS FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 18th day of October, 2022 by and between C. j Leighton Consulting, Inc., ("Consultant"), and the City of Santa Ana, a charter city and municipal Q corporation organized and existing under the Constitution and laws of the State of California � ("City"). RECITALS 0 A. On .tune 30, 2022, the City issued Request for Proposal No.: 22-090 by which it sought qualified consultants in the field of Hazardous Materials Surveys for the proposed Various Environmental Services. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in PFP No. 22-090. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES On an as -needed basis, and at the City's sole discretion, Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Consultant is one of three Consultants selected to provide Hazardous Materials Surveys. The total aggregate amount, among the three consultants, shall not exceed the shared aggregate amount of $135,000 annually during the term of this agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth