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A-2005-137 <br />INSURa.N L k <br />vJ11CU, , i,J i PROCEED <br />;11ERK OF COUNCIL <br />DATE: SEP 2 9 ZU05 CONSULTANT AGREEMENT <br />J � <br />Rr'wi THIS AGREEMENT, made and entered into this 15th day of September, 2005 by and <br />between Hennessey & Hennessey, LLC, a California limited liability corporation (hereinafter <br />"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 appraisal 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 />I. SCOPE OF SERVICES <br />Consultant shall perform right-of-way appraisal services, as set forth in City's Request <br />for Proposals, and Consultant's Proposal, attached as Exhibit A and A-1, respectively, to this <br />Agreement. <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 agreed upon. in writing, at the commencement of any assignment pursuant <br />to this Agreement. The total sum to be expended under this Agreement shall not exceed <br />$100,000.00 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 <br />September 14, 2006, unless terminated earlier in accordance with Section 12, below. The term <br />