Laserfiche WebLink
CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 19i° day of September, 2017, by and between MGT of -America <br />Consulting, LLC ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of preparing <br />applicable State Mandated Cost Reimbursement claims in order to maximize revenue to the City. <br />B. Consultant has previously provided these services to the City's Public Works Agency under Agreement <br />No. A-2016-199, which expired on August 2, 2017. Consultant has continued to provide such services <br />after this date under the same terms and conditions, and will complete them under this Agreement. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its <br />field and that any services performed by Consultant under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting firm in the <br />field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and <br />conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the remaining balance of the services described in Exhibit A to this Agreement, <br />which include the following: (a) Review and Reconciliation of Fiscal Year 2013/2014 Indirect Cost Rate Proposal <br />and Cost Allocation Plan; (b) Development of Fiscal Year 2014/2015 Indirect Cost Rate Proposal and Cost <br />Allocation Plan; and (c) Development of Fiscal Year 2015/2016 Indirect Cost Rate Proposal and Cost Allocation <br />Plan. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and <br />charges identified in Exhibit. A. The total sum to be expended under this Agreement shall not <br />exceed the original 545,125 -allocated for the services under Agreement No. A-2016-199. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. On separate approval by the City, payment will be made on all <br />proper invoices evidencing work performed upon expiration of Agreement No. A-2016-199 <br />through the start date of this Agreement in section 3 below. <br />3. TERM <br />This Agreement will commence on the date first written above and will terminate on September 18, 2018, <br />unless terminated earlier in accordance with Section 15, below. The term of the Agreement may be extended for <br />one 1 -year period upon a writing executed by the City Manager and City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor <br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- <br />employee relationship, ajoint venture relationship, or to allow the City to exercise discretion or control over the <br />29'-iV <br />