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(9) <br />CITY OF SANTA ANA <br />EXHIBIT II <br />SAMPLE AGREEMENT <br />THIS AGREEMENT is made and entered into on this day of , 2023 by and between <br />, ("Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of: <br />B. Consultant represents that Consultant is able and willing to provide such services to 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 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 including all <br />labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete <br />the services described and set forth in Scope of Services - Exhibit I, attached hereto and incorporated by <br />reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the <br />rates and charges identified in Compensation - Exhibit II. The total amount to be expended during <br />the term of this Agreement shall not exceed $xxxxxx. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />invoievidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above fora written number (3) year term <br />with the option for the City to grant up to two, one (1)-year renewals, exercisable by a writing by the City <br />Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br />4. INDEPENDENT CONTRACTOR <br />COST OF SERVICE STUDY 24 <br />City Council 14 — 46 8/1/2023 <br />