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• • A -2003 -004 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this (z)' day of uu , 2003 by <br />and between Berryman & Henigar, a California Corporation (hereinafter " Consultan '), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and Laws of the State of California (hereinafter "City"). <br />RECITALS <br />w <br />2 � <br />o x <br />J W M J <br />w w <br />�n..r O N <br />� Y <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />assessment district engineering and development services. <br />B. City solicited proposals from qualified firms for such professional services. <br />C. In response to the solicitation, Consultant submitted a proposal, dated November 20, <br />2002, to perform such services (the "Proposal'). <br />D. The City desires to retain Consultant to perform the services set forth in the Proposal. <br />E. Consultant represents that Consultant is able and willing to provide such services to the <br />J City. <br />fJ F. hi 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 perform those services as set forth in Exhibit A "Proposal to Provide <br />Special Tax Consultant/Assessment Engineering Services dated November 20, 2002" 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 identified in Exhibit B. The total sum to be expended under this <br />Agreement, shall not exceed $200,000.00 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 />