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WHEREAS, Consultant represents that it possesses the experience, and <br />is qualified to perform the aforesaid services for the Project;' <br /> <br /> NOW, THEREFORE, the parties hereto agree as follows: <br /> <br /> 1. CONSULTANT'S SERVICES. (a) Consultant shall prepare an Initial <br />Study and perform related services described in Exhibit "A" hereof, attached <br />hereto and by this reference incorporated herein; and (b) Consultant shall, at <br />City's option, proceed with the Environmental Review as evidenced by a Notice <br />to Proceed approved and executed by the City Manager. <br /> <br /> 2. COMPENSATION; EXPENSES; DEPOSIT; PAYMENT. City shall <br />compensate Consultant for all services performed by Consultant for the Initial <br />Study and the Environmental Review in an amount based upon Consultant's <br />hourly rates that are prevailing during the time of the performance of said <br />services. Consultant's hourly rates for which services hereunder shall be <br />performed are set forth in Exhibit "B" hereof, attached hereto and by this <br />reference incorporated herein. <br /> <br /> Notwithstanding the foregoing, (1) the combined total of compensation <br />and reimbursement of costs payable for the Initial Study shall not exceed the <br />sum of Two Hundred Sixty-Two Thousand Three Hundred Ten Dollars <br />($262,310); unless the performance of services and/or reimbursement of costs <br />and expenses in excess of said amounts have been approved in advance of <br />performing such services or incurring such costs and expenses by City's City <br />Council, evidenced by motion duly made and carried. <br /> <br />F:Atty/Agr/Agr.010 2 <br /> <br /> <br />