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A-2001-196 -44 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 0 2001 by and between Michael Brandman Associates, a California Corporation (hereinafter "Consultant""), and the City of Santa Ana, a charter city and municipal corporation organized and existing Linder the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of project initiation and organization, community outreach, data compilation, impact assessment, development of mitigation measures, report compilation and distribution, legal monitoring and review, preparation of findings of fact and statement of overriding considerations and preparation of a mitigation monitoring and reporting program. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 Iroirt a professional consulting finri 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 those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment far its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $77,932 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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.