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WHEREAS, Consultant represents that it possesses the experience, and is <br /> 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 Study <br />and perform related services described in Exhibit "A" hereof, attached hereto and by <br />this reference incorporated herein; and (b) Consultant shall, at City's option, proceed <br />with the Environmental Review as evidenced by a Notice to Proceed approved and <br />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 Study <br />and the Environmental Review in an amount based upon Consultant's hourly rates that <br />are prevailing during the time of the performance of said services. Consultant's hourly <br />rates for which services hereunder shall be performed are set forth in Exhibit "B" hereof, <br />attached hereto and by this reference incorporated herein. <br /> <br /> Notwithstanding the foregoing, the combined total of compensation and <br />reimbursement of costs payable for the Environmental Review shall not exceed the sum <br />of One Hundred Forty-one Thousand Three Hundred Thirty Dollars ($141,330), unless <br />the performance of services and/or reimbursement of costs and expenses in excess of <br />said amounts have been approved in advance of performing such services or incurring <br />such costs and expenses by City's City Council, evidenced by motion duly made and <br />carried. <br /> <br /> Compensation and reimbursement of costs and expenses hereunder shall be <br />payable upon monthly billing therefor by Consultant to City, which billing shall include <br /> <br />F :Arty/Ag r/Ag r, 1 14 2 <br />050103 <br /> <br /> <br />