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AGREEMENT TO PROVIDE RIGHT -OF -WAY PROPERTY <br />APPRAISAL SERVICES ON AN ON -CALL BASIS <br />THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Kiley <br />Company ( "Consultant "), and the City of Santa Ana, a charter city and rmmicipal corporation organized <br />and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. On August 3, 2016, the City issued Request for Proposal No. 16 -091, by which it sought <br />consultants to furnish right -of -way property appraisal services on an on -call basis. <br />B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP No. 16 -091 and attached herein as ExhibitA. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an as- needed basis, and at the sole discretion of City, Consultant shall furnish the services that <br />are described in Exhibit A to this Agreement, Consultant's proposal is incorporated by reference as though <br />fully set forth herein. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant tinder this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. The total <br />surn to be expended under this Agreement, including any extension period, shall not exceed <br />$200,000. <br />b. Payment by City shall be made within forty -five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work that fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through October 3, 2019, <br />unless terminated earlier in accordance with Section 16, below. The tern of this Agreement may be <br />extended for a single (2) two -year period upon a writing executed by the City Manager and the City <br />Attorney, EXHIBIT 2 <br />250 -19 <br />