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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES LA-NI'a,& CLERK OF COUNCIL DATE A-2021-250 AGREEMENT TO PROVIDE GRANT WRITING SERVICES FOR THE CITY OF SANTA ANA b-Pwft(,�) JAN 2 5 2022 (Sean 1mma5l M. L-CC3A( )C,,r THIS AGREEMENT is made and entered into on this 21" day of December, 2021 by and between Mark Thomas & Company, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). City and Consultant may be collectively referred to as the "Parties" or individually as a "Party." RECITALS A. On September 27, 2021 the city issued Request for Proposal No. 21-111, by which it sought a consultant having special skill and knowledge in the field of grant writing services for the Santa Ana Boulevard grade separation. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting 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 the services described in the scope of work that was included in RFP No. 21-111, which is attached as Exhibit A, and as more specifically delineated in Consultant's revised scope, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended under this Agreement shall not exceed the amount of two hundred fifty thousand dollars and zero cents ($250,000) during the term of the Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) 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 standards of performance set forth in the Recitals which may reasonably be expected by City. Page I of 8 Non -Fed Funding (6.1.2020)