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CITY OF SANTA ANA <br />RFP No. 20-160 BOND AND VALIDATION COUNCEL SERVICES Page 14 of 26 <br /> <br />THIS AGREEMENT is made and entered into on this day of , 2020 by and between <br />___________________________________________________________, (“Consultant”), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (“City”). <br /> <br />RECITALS <br /> <br />A. On January __, 2020, the City issued Request for Proposal No. 20-XXX, by which it sought proposals <br />from qualified firms to provide ________________________ in accordance with <br />B. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that <br />Consultant is able and willing to provide such services described in the scope of services that was included <br />in RFP No. 20-XXX <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its <br />field and that any services performed by Consultant under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting firm in <br />the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as collectively describe in Exhibit A, the scope of services that <br />was included in RFP No. 20-XXX, and Exhibit B, Consultant’s proposal dated ______, 2020, both of <br />which are attached and incorporated by reference. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services the rates and <br />charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed <br />$________ during the intial term of this Agreement. This amount is comprised of (1) the sum of <br />$________ and (2) a 10% contingency of up to $______ for services as may be performed by <br />Consultant at the sole discretion of City. <br /> <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for <br />work which fails to meet the standards of performance set forth in the Recitals which may reasonably <br />be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on [enter a Start Date or “the date first written above”] and terminate <br />on ________, unless terminated earlier in accordance with Section 14 below. The term of this Agreement may <br />be extended for two additional (2) one-year periods upon a writing executed by the City Manager and the City <br />Attorney. <br />EXHIBIT A <br /> <br />SAMPLE AGREEMENT