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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 11-131I—4,_-_- CITY C%t Z 9 21524 DATE: A-2024-159 AGREEMENT WITH CUMMING MANAGEMENT GROUP INC. FOR CLIMATE ACTION 0. pwA(o) PLAN UPDATE SERVICES K4yl�y �d THIS AGREEMENT is made and entered into on this Ist day of October, 2024 by and Cumming Management Group ("Contractor"), 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"). RECITALS A. On April 5, 2024, the City issued Request for Proposal ("RFP") No. 24-044, by which it sought qualified firms to provide services in updating the City's Climate Action Plan (CAP). B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-044. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Contractor shall perform the services described in the scope of work that was included in RFP No. 24-044, which is attached as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B, Contractor's Cost Proposal submitted with its RFP response. The total amount to be expended during the term of Agreement shall not exceed $495,066, including any extensions. The total amount is allocated as: (1) a base rate of $450,060; and (2) a contingency in the amount of $45,006 for additional and as -needed services, to be exercised at City's sole discretion. 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. 3. TERM This Agreement shall commence on the date first written above for a three-year tern and terminate on September 30, 2027, unless terminated earlier in accordance with Section 16, below. The term of this