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AGREEMENT THIS AGREEMENT is made and entered into this sixth day of January, 1994, by and between the CITY OF SANTA ANA, a public body, corporate and politic ("City"), and CROCKETT & ASSOCIATES, LTD. ("Crockett"). WHEREAS, the City desires to retain the services of Crockett to provide real estate appraisal services. THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby as follows: 1. Scope of Services Crockett agrees to appraise business fixtures and equipment in conjunction with the City's acquisition of real property for right-of-way purposes. 2. Compensation The City agrees to pay to Crockett, and Crockett agrees to accept, as full compensation for its services pursuant to this Agreement, payment at a maximum rate of One Hundred Twenty -Five Dollars ($125.00) per hour; provided, however, that total compensation paid to Crockett under this Agreement shall not exceed S,eventy-Five Thousand Dollars ($75,000.00). 3. Termination of Agreement This Agreement shall continue until terminated. Either party may terminate this Agreement upon thirty (30) days written notice of termination on the other party. The Executive Director of the Community Development Agency is authorized to terminate this Agreement on behalf of the City at her discretion. 4. Independent Contractor Crockett is an independent contractor and not an employee of the City, and all its personnel shall be employees or subcontractors of Crockett and not employees of the City. Crockett shall pay all salaries and wages, employer's Social Security taxes, Unemployment Insurance and similar taxes relating to employees and shall be responsible for all applicable withholding. 5. Insurance With respect to performance of work under this agreement, Crockett shall maintain and shall require its subcontractors, if any, to maintain insurance as described below: I