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1 <br />CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />STEARNS, CONRAD & SCHMIDT, CONSULTING ENGINEERS, INC. FOR A COST- <br />OF-SERVICE STUDY FOR THE SANITATION SERVICES USERS CHARGE <br />THIS AGREEMENT is made and entered into on this 1st day of August, 2023 by and between <br />Stearns, Conrad & Schmidt, Consulting Engineers, Inc. (“Consultant ”), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (“City”). <br />RECITALS <br />A.The City desires to retain a Consultant having special skill and knowledge in conducting a <br />cost of service study for the Sanitation Services User Charge (“Sanitation Fee”) <br />B.Co nsultant represents that Consultant is able and willing to provide such services to the <br />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 <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1.SCOPE OF SERVICES <br />Co nsultant 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 <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <br />2.COMPENSATION <br />a.City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit B and incorporated herein by this <br />reference. The total amount to be expended during the term of this Agreement shall <br />not exceed $82,875, which includes a contingency amount of $16, 575. <br />b.Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />EXHIBIT 1