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INSURANCE ON FILE A-2021-165 <br />N WORK MAY PROCEED <br />o UNTIL INSURANCE PIRES <br />a <br />� CLERK OF OUNC CONSULTANT AGREEMENT <br />tt <br />"' DATE: CITY OF SANTA ANA <br />6LOA(ala(le ) (sM� <br />THIS AGREEMENT is made and entered into on this 181h day of August, 2021, by and between <br />Health Management Associates, Inc., a Michigan corporation ("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. On April 13, 2021, the City issued Request for Proposal 21-054 ("RFP") seeking proposals <br />from qualified vendors having special skill and knowledge in the field of feasibility and <br />fiscal evaluation services for a municipal public health agency for the City. <br />B. A total of 191 professional consultants were notified of the RFP and Consultant was the <br />sole respondent to timely submit a responsive proposal, which was selected by the City. <br />Consultant represents that it is able and willing to provide such services to the City as <br />described in the RFP and Consultant's proposal, which are incorporated by reference as <br />though fully attached hereto. <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 the Scope of Services attached <br />hereto as Exhibit A. <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 the Budget attached hereto as Exhibit B. The <br />total sum to be expended under this Agreement shall not exceed One Hundred and <br />Eighty Thousand Eight Hundred and Thirty Dollars ($180,830.00), which includes Ten <br />Thousand Dollars ($10,000.00) in contingency, during the Term of this Agreement. <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 />Page 1 of 10 <br />