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CONSULTANT AGREEMENT THIS AGREEMENT, is made and entered into ths"3rd day 0 if April, 2000, by and between M.A. FRANCIS & ASSOCIATES, INC., ("Consultant") and the CITY OF SANTA ANA, a charter city and Municipal Corporation duly organized and existing under the Constitution and laws of the State of California ("City"). WITNESSETH A. The City desires to retain a professional firm having skill and knowledge in the field of electrical and mechanical consulting services for the purpose of analyzing the City's existing generator and preparing construction documents and construction oversight for the construction of a new generator and enclosure. NOW THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby agree as follows: 1. SCOPE OF SERVICES OF CONSULTANT. Consultant agrees to perform, at his own cost and expense, those services specified in the letter from Consultant, dated February 28, 2000, identified as Exhibit A, attached hereto and incorporated herein, subject to any written modifications as may be set forth by the provisions of this Agreement. 2. STANDARD OF' PERFORMANCE. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in the field of electrical and mechanical engineering and that any services performed by Consultant under this Agreement will be performed in compliance with such requirements to the extent which may reasonably be expected from a professional consulting firm in that field. 3. PERFORMANCE BY THE CITY. The City shall provide Consultant with all records in the possession of the City which will be of assistance to Consultant in the performance of this Agreement. 4. INDEPENDENT CONTRACTOR. Consultant agrees that he is an independent contractor and not an employee of the City. Consultant shall not subcontract any of the services required without prior written approval of the City. 5. COMPENSATION. The City agrees to pay, and Consultant agrees to accept as total payment for said services, SHALL NOT exceed a fee of THIRTY THOUSAND DOLLARS .0�0 as outlined in Exhibit A. Payment by the City shall be made within thirty (30) days following receipt of a proper invoice for work performed during the preceding month, subject to City accounting procedures.