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ON Fltk A-2017-218 Professional Liability Insurance i required if contractor is or employs a licensed professional uMi AUG 2 9 2di 7REEMENT TO PROVIDE RECREATIONAL VALUE ASSESSMENT TO CONVERT CITY PROPERTIES INTO RECREATIONAL USE SITES 5' 1 wu Cµd r'THIS AGREEMENT is made and entered into this P aceWorks, Inc..,h day of August, t"t a California Corporation (hereinafter"Co "Consultant"), the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). A. On May 18, 2017, the City issued Request for Proposal ("RFP") No. 17-062, by which it sought proposals from qualified firms for recreational value assessment in connection with land conversion of City properties of various types for the purpose of converting available properties into recreational use sites. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide such services to the City described in the attached scope of work that is attached to this Agreement and identified as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Consultant shall perform recreational value assessment services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services„ the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $50,541 during the teen of this Agreement. This amount is comprised of (1) the sum of $45,946 and (2) a 10% contingency of up to $4,595 for services as may be performed by the Consultant at the sole discretion of the City. 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 which fails to meet the, Page 1 of 10