DESMOND, MARCELLO & AMSTER 2-2006

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INSURANCE Na;_ ON FILE WORK MAY NOT PROCEED CLERK Of COUNCIL DATE: `(-~~ -cb CONSULTANT AGREEMENT A-2006-099A lK• ~oryensen} THIS AGREEMENT, made and entered into this 1~` day of May, 2006 by and between Desmond, Marcello & Amster; a California limited liability company (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of fixture and equipment appraisal services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SERVICES Consultant shall perform fixture and equipment appraisal services, on an as-needed basis, as requested, in writing, by the Santa Ana Public Works Agency, as set forth in City's Request for Qualifications dated January 25, 2006 incorporated by reference, and Consultant's Response, dated February 2, 2006, attached hereto as Exhibit A. Said appraisal services shall be performed in accordance with a written proposal submitted by Consultant, which shall set forth the services to be provided, the schedule and the fee for each appraisal. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Attachment A. The total sum to be expended under this Agreement shall not exceed $175,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.