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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 3rd day of May, 2010 by and between <br />Environmental Engineering and Contracting, Inc., a California corporation (hereinafter <br />"Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />NPDES requirements, to inspect food service establishments for compliance with the <br />City's Fats, Oil and Grease regulations. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Consultant's Proposal, attached <br />hereto as Exhibit A and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B and <br />incorporated by reference. The total sum to be expended under this Agreement, shall not exceed <br />$180,000, annually, during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on July 1, 2010 and terminate on June 30, 2011, unless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended for up to three additional one -year periods, upon the exercise of the option by the City. <br />t <br />EXHIBIT 1 <br />25H -3 <br />