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<br />INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: to-IJ--lXI <br /> <br />A-2004-194 <br /> <br />CONSULTANT AGREEMENT <br /> <br />C-:tM <br />(j.. PlotiS) <br /> <br />THIS AGREEMENT made and entered into this 20th day of September, 2004 by and <br />between Mike Linares, Inc., a California corporation (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />federal entitlement programs to prepare a Five-Year Consolidated Plan. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall prepare a Consolidated Five-Year Plan required for recipients of <br />Community Planning and Development entitlement funds, as set forth in the City's Request for <br />Proposals dated July 23,2004, Attached hereto as Exhibit A and Consultant's Proposal dated <br />August 2004, attached hereto as Exhibit B. Exhibits A and B are incorporated by this reference. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $ 48,419.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />c. City shall withhold ten percent (10%) retention for each billing submitted by <br />Consultant. This retention will be released after the Consolidated Plan and related certifications <br />are approved by HUD. <br />