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w <br /> "1 CITY OF SANTA ANA <br /> EXHIBIT II <br /> SAMPLE AGREEMENT <br /> CONSULTANT-AGREEMENT <br /> CITY OF SANTA ANA <br /> THIS AGREEMENT is made and entered into on this day of 20_ 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 law/the o <br /> of California ("City"). <br /> RECITALS <br /> A. The City desires to retain a Consultant having special skill and knowledge in the field of: <br /> B. Consultant represents that Consultant is able and willing to provide such serry ices <br /> �to the City. <br /> C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field <br /> and that any services performed by Consultant under this Agreement will be performed in compliance with <br /> such standards as may reasonably be expected from a professional consulting firm in the field. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br /> conditions hereinafter set forth, the parties agreeaa follows: <br /> 1. SCOPE OF SERVICES <br /> Consultant shall perform during the term\oftAgree t, the tasks and obligations including all labor, <br /> materials, tools, equipment, and incidental customary work required to fully and adequately complete the services <br /> described and set forth in Scope of Services -Exhibit A, attached hereto and incorporated by reference. <br /> 2. COMPENSATIONS <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates <br /> and charges identified in Compensation - Exhibit B. The total amount to be expended during the <br /> erm of this Agreement shall not exceed $xxxxxx. <br /> Payment by City shall be made within forty-five (45)days following receipt of proper invoice evidencing <br /> work performed, subject to City accounting procedures. Payment need not be made for work which <br /> fails to meet the standards of performance set forth in the Recitals which may reasonably be expected <br /> by City. <br /> 3. TERM <br /> This Agreement shall commence on [enter a Start Date or"the date first written above"] for a three (3)year <br /> term with the option for the City to grant up to a two(1)-year renewals, exercisable by a writing by the City Manager <br /> and the City Attorney, unless terminated earlier in accordance with Section 15, below. <br /> 4. INDEPENDENT CONTRACTOR <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant <br /> and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- <br /> employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the <br /> professional manner in which Consultant performs the services which are the subject matter of this Agreement; <br /> however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable <br /> City of Santa Ana RFP 24-076 Page 53 of 73 <br />