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INSURANCE ON FILE WORK MAY PROCEED N-2023-293 UNTIL INSURANCE EXPIRES nt 01.. 1 %N- CITY CLERK DATE: 0'- N 10, QI°) CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND ((,�UCobS>i 5M CONTRACTING, INC. TO PROVIDE ON -CALL HAZARDOUS MATERIALS TESTING AND ABATEMENT AND REMEDIATION SERVICES N THIS AGREEMENT is made and entered into on this 27th day of September, 2023 by and between 5M Contracting, Inc. ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). ® RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of hazardous materials testing and abatement and remediation services on an on -call basis for the City's Human Resources Department/Risk Management Division. B. Consultant represents that it is able and willing to provide such services. 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: 1. SCOPE OF SERVICES Consultant shall perform the services that are described in the scope of work, 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 actual services performed under this Agreement at the rates and charges identified in Consultant's Fee Schedule, which is attached hereto and fully incorporated herein by this reference as "Compensation - Exhibit B." The total compensation for services provided by Consultant shall not exceed $50,000.00 during the term of this Agreement, including any extension periods, as set forth in Section 3, below. 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 in the Recitals which may reasonably be expected by City. Page I of 9