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<br />~ <br />0' r <br /> <br />A-2003-038 <br /> <br />CONSULTANT AGREEMENT <br /> <br />3fd. <br />J::j THIS AGREEMENT, A-2003-38, made and entered into this. day of <br />LLCW , 2003 by and between Overland Resources, Inc., a California corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City"). <br /> <br />RECITALS <br /> <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 /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <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 /> <br />2. <br /> <br />COMPENSATION <br /> <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 /> <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 /> <br />3. <br /> <br />TERM <br /> <br />INSURANCE NOT ON FILE <br />WORK MAY HQl PROCEED <br />CLERK OF COUNCIL <br />DATE: 5/1103 <br />(.'; r<-J/7 I K <br />kJ~"':>-'_".-) <br />h'Û '1-3(, <br />