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,•: IivSURANCL NOT ON FILE✓ <br />WORK MAY NOT PROCEED eKf'z13 3 A-2003-039 <br />CLERK OF.C)UNCIL <br />�k Tt5�i5`''� DATE. S�y o3 CONSULTANT AGREEMENT THIS AGREEMENT, A-2003-039, made and entered into this 3(d day of <br />&( 1J , 2003 by and between Paragon Partners Ltd., a California 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 services, including, but not limited to, project management, appraisal, and <br />acquisition of rights of way. <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 needed. Said services shall include <br />project management, appraisal, acquisition and other general right of way services, as set forth in <br />Exhibit A to this 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 identified in Exhibit A. 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 March <br />31, 2004, unless terminated earlier in accordance with Section 12, below. The term of this <br />