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AGREEMENT FOR PROVISION OF <br />PROFESSIONAL SERVICES <br />THIS AGREEMENT, made and entered into this 4th day of February 2014 by and between <br />Hennessey & Hennessey, LLC, a California Limited Liability Company (hereinafter "Consultant ") <br />and the 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 />A. The City desires to retain a consultant having special skill and knowledge in the field of real <br />property appraisal services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. hr 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 provide all labor, materials, tools, equipment, services and incidental <br />customary work required to fully and adequately provide real property appraisals, as set forth in City's <br />Request for Proposals 13 -075 — On -Call Right of Way Specialty Services, attached as Exhibit A, as <br />more specifically described in Consultant's Proposal, attached as Exhibit A -1. All attached Exhibits <br />are incorporated by this reference. Consultant services shall be provided on an on -call basis at the <br />written request of the Executive Director of Public Works, or his designee. <br />2. OWNERSHIP OF MATERIALS <br />This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any <br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant <br />under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in <br />writing that City is granted a non - exclusive and perpetual license for any Documents & Data the <br />subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has <br />the legal right to license any and all Documents & Data. Consultant makes no such representation and <br />warranty in regard to Documents & Data which were provided to Consultant by the City. City shall <br />not be limited in any way in its use of the Documents and Data at any time, provided that any such use <br />not within the purposes intended by this Agreement shall be at City's sole risk. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, <br />the rates and charges identified in Exhibit B, attached hereto and incorporated by reference. The total <br />sum to be expended by City under this Agreement shall not exceed $200,000.00 during the term of <br />this Agreement. <br />L7Fi7bLG <br />