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C INSURANCE NOTON FILE <br />co �JORKMAY NO PPROCEED N-2021-140 <br />o CLERK OF COUNCIL <br />DATE'. <br />Q; VVD LO) �� J- AGREEMENT WITH MAGELLAN ADVISORS, LLC TO <br />J CONDUCT A COMMUNITY BROADBAND MARKET SURVEY <br />THIS AGREEMENT is made and entered into on this 18th day of June 2021 by and between <br />Magellan Advisors, LLC a Florida limited liability company ("Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />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 <br />conducting a community broadband survey to gain an understanding of what service <br />offerings are currently available to residents of Santa Ana. <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 <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended <br />during the term of this Agreement shall not exceed $15,000. The sum of this amount <br />is comprised of a base amount of $11,970 and a contingency amount of $3,030 for <br />services to be provided at the sole discretion of the City. <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 <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Pine I uf8 <br />