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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 <br /> of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br /> laws of the State 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 services to the City. <br /> C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br /> in its field and that any services performed by Consultant under this Agreement will be performed <br /> in compliance with such standards as may reasonably be expected from a professional consulting <br /> firm in the field. <br /> NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br /> and conditions hereinafter set forth, the parties agree as follows: <br /> 1. SCOPE OF SERVICES <br /> Consultant shall perform during the term of this Agreement, the tasks and obligations including <br /> all labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br /> complete the services described and set forth in Scope of Services - Exhibit I, attached hereto and <br /> incorporated by reference. <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, <br /> the rates and charges identified in Compensation - Exhibit B. The total amount to be <br /> expended during the term of this Agreement shall not exceed $xxxxxx. <br /> b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br /> evidencing work performed, subject to City accounting procedures. Payment need not be <br /> made for work which fails to meet the standards of performance set forth in the Recitals which <br /> may reasonably be expected by City. <br /> 3. TERM <br /> This Agreement shall commence on [enter a Start Date or "the date first written above"] for a <br /> three (3) year term with the option for the City to grant up to a two (2) 1-year renewals, exercisable by <br /> a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section <br /> 15, below. <br /> 4. INDEPENDENT CONTRACTOR <br /> 37 <br /> MEDIAN AND RIGHT OF WAY LANDSCAPING MAINTENANCE-RFP#25-058 <br />