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INSURANCE NOT ON FILE : WORK MAYNOOPROCEED CLERK OF COUNCIL ® DATE: JAN 2 2 2013 AGREEMENT TO PROVIDE ON -CALL . ?a k(-%) RIGHT-OF-WAY PROPERTY APPRAISAL SERVICES Lvov" THIS AGREEMENT is made and entered into on this 18th day of December, 2018 by and between Hennessey & Hennessey LLC ('Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A, On September 17, 2018, the City issued Request for Proposal No. 18-082 ("RFP") by which it sought consultants to provide on -call right-of-way property appraisal services for the City's Public Works Agency, B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 18-082. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW TIICEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES On an on -call basis, and at the sole discretion of the City, Consultant shall perform the services described in the scope of work that was included in RFP No, 18-082 and as more specifically delineated in. Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of two consultants selected to provide right-of-way appraisal services on an on -call basis under RFP No. 18-082. The total compensation for services provided by all consultants selected under RFP No, 18- 082 shall not exceed a combined amount of $400,000 during the torn of this Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 8