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<br />INSURANCE.llill ON FILE <br />WORK MAY !'JOT PROCEED <br />CLERK OF COUNCIL <br />DATE: JUL 11 2006 <br /> <br />A-2006-099 <br /> <br />CONSULTANT AGREEMENT <br /> <br />. IfrU)') <br />D. fW. ct;i1.5-(1l) THIS AGREEMENT, made and entered into this 1st day of May, 2006 by and between <br />()(. :Jcfj Desmond, Marcello & Amster, a California limited liability company (hereinafter "Consultant"), <br />and the City of Santa Ana, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />goodwill appraisal services. <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. SCOPE OF SERVICES <br /> <br />Consultant shall perform goodwill appraisal services, on an as-needed basis, as requested, <br />in writing, by the Santa Ana Public Works Agency. Said appraisal services shall be performed <br />in accordance with a written proposal submitted by Consultant, which shall set forth the services <br />to be provided, the schedule and the fee for each appraisal. <br /> <br />2. 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 Attachment A. The total sum to be expended under this <br />Agreement shall not exceed $175,000.00 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. DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City all work product resulting from the services provided. <br />City shall own all rights to said Work Product. <br />