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INSURANCE NOT ON FILE A-2016.285 WORK MAY N2 PROCEED CLERK OF/ COUNCIL DATE: / I ~ �` %O REEMENT TO PROVIDE RIGHT-OF-WAY PROPERTY APPRAISAL SERVICES ON AN ON-CALL BASIS THIS AGREEMENT is made and entered into this 4th day of October, 2016 by and between Kiley Company ("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 ("City"). RECITALS A. On August 3, 2016, the City issued Request for Proposal No. 16-091, by which it sought consultants to furnish right-of-way property appraisal services on an on-call basis. B. Consultant submitted a responsive proposal that was among those selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 16-091 and attached herein as Exhibit A. 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: 1. SCOPE OF SERVICES On an as -needed basis, and at the sole discretion of City, Consultant shall furnish the services that are described in Exhibit A to this Agreement. Consultant's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement, including any extension period, shall not exceed $200,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date stated above and continue through October 3, 2019, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a single (2) two-year period upon a writing executed by the City Manager and the City Attorney.