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f, 13t A-2005-102 <br />INSUk?N ,?: fdt!. <br />dOR;`r MAY NOT PROCEED <br />?,LERK OF GOIINCIl. <br />DATE° (c- 1-7 - 0 ? CONSULTANT AGREEMENT <br />THIS AGREEMENT, A-2005-102, made and entered into this 16th day of May, 2005 by <br />POP and between Overland, Pacific & Cutler, Inc.., a California corporation (hereinafter <br />tk 3,eg ) "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "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 services, including, but not limited to, project management, appraisal, <br />acquisition, and other general right of way services. <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 />SCOPE OF SERVICES <br />Consultant shall provide right of way services as set forth in City's Request For <br />Qualifications For Real Estate Services on file in the Santa Ana Public Works Agency, and <br />Consultant's Proposal dated March 14, 2005, attached hereto as Exhibit A. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $150,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on May 31, <br />2006, unless terminated earlier in accordance with Section 12, below. The term of this