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0 -ewAQ ) <br />(AY,,,OkhdU <br />umPI) <br />�\J' SURANCE NOT ON FILE <br />'l`s ORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />A-2020-259-04 <br />AGREEMENT TO PROVIDE ON -CALL RIGHT OF WAY AQUISITION SERVICES <br />FOR THE CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into on this 15d' day of December, 2020 by and between <br />Clarkland Resources, hie., a California corporation ("Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 />right of way acquisition services on an as needed basis. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Consultant shall perform the services <br />described in the scope of work that was included in RFP No. 20-091, which is attached as Exhibit <br />A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B <br />and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit C. <br />Consultant is one of four (4) consultants selected to provide right of way acquisition <br />services on an on -call basis under RFP 20-091. The total compensation for these <br />services provided by all such consultants selected under RFP 20-091 shall not exceed <br />the shared aggregate amount of $550,000 during the term of the Agreement, including <br />any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work, which fails to meet the standards of performance <br />set forth in the Recitals, which may reasonably be expected by City. <br />Non -Fed Funding (6.1.2020) <br />Page 1 of 11 <br />