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(9) <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 laws of the State <br />of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of: Real Estate and <br />Escrow Services <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 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 agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, 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. COMPENSATION <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 />term of this Agreement shall not exceed $XXXXX. <br />b. 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. City and Consultant agree that all payments <br />due and owing under this Agreement shall be made through Automated Clearing House (ACH) <br />transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and <br />provide required documentation. Upon verification of the data provided, the City will be authorized to <br />deposit payments directly into Consultant's account(s) with financial institutions. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above for a three (3) year term with the option <br />for the City to grant up to two (2) additional one (1) vear extension(s), 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 />