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A-2000-1 0 9 <br />4`CONSU'LTANT AGREEMENT <br />THIS AGREEMENT, is made and entered into this 17 th day of <br />July, 2000, by and between MICHAEL BRANDMAN ASSOCIATES,INC., <br />("Consultant") and the CITY OF SANTA ANA, a charter city and <br />Municipal Corporation duly organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />WITNESSETH <br />A. The City desires to retain a professional firm having skill <br />and knowledge in the field of environmental and regulatory <br />support services on an as -needed basis for the purpose of <br />preparing and processing required environmental documents for <br />Public Works Projects. <br />NOW THEREFORE, in consideration of their mutual and <br />respective promises, the parties hereto do hereby agree as <br />follows: <br />1. SCOPE OF SERVICES OF CONSULTANT. Consultant agrees to <br />perform, at his own cost and expense, those services specified in <br />Exhibit A, attached hereto and incorporated herein, subject to <br />any written modifications as may be set forth by the provisions <br />of this Agreement. <br />2. STANDARD OF PERFORMANCE. In undertaking the performance <br />of this Agreement, Consultant represents that he is knowledgeable <br />in the field of environmental and regulatory support services and <br />that any services performed by Consultant under this Agreement <br />will be performed in compliance with such requirements to the <br />extent which may reasonably be expected from a professional. <br />consulting firm in that field. <br />3. PERFORMANCE BY THE CITY. The City shall provide <br />Consultant with all records in the possession of the City which <br />will be of assistance to Consultant in the performance of this <br />Agreement. <br />4. INDEPENDENT CONTRACTOR. Consultant agrees that he is <br />an independent contractor and not an employee of the City. <br />Consultant shall not subcontract any of the services required <br />without prior written approval of the City. <br />5. COMPENSATION. The City agrees to pay, and Consultant <br />agrees to accept as total payment for said services, that <br />compensation payable hereunder SHALL NOT EXCEED One Hundred and <br />Fifty Thousand Dollars ($150,000.00) for all hours worked, travel <br />and expenses. The Consultant's hourly rate shall not exceed the <br />"Hourly Labor Rates" as shown on Attachment A, provided, however <br />that the parties may mutually agree to alter these rates, in <br />writing, after January 31, 2003— Payment by the City shall be <br />