Laserfiche WebLink
N-2019-139 <br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEEDAGREEMENT TO PROVIDE STRATEGIC PLANNING <br />CLERK OF COUNCIL. SERVICES FOR OPPORTUNITY ZONE DEVELOPMENT <br />DATE. AUG 0 6 2019 <br />THIS AGREEMENT is made and entered into this 2nd day of July, 2019 by and between Kosmont Real <br />�> Estate Services dba Kosmont Realty ("Consultant"), and the City of Santa Ana, a charter city and municipal <br />oakkti corporation organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant to provide strategic planning services for Opportunity Zone <br />development. <br />B. Consultant represents that it is able and willing to provide such services to the City. <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 contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall furnish the services that are described in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended during the term of <br />this Agreement shall not exceed $50,000, including any extension periods. <br />b. Payment by City shall be made within thirty (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work that fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through July 1, 2021, <br />unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be <br />extended for up to one 1-year period upon a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in <br />Page 1 of 7 <br />