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ON {;L, <br />Its Vii PROCEED N- 2010 -014 <br />,14111 NSURANGF EXPIRES <br />_../d <br />Gti-"ill OF COUNCIL <br />"'JE - 02 -cPG -/Q <br />AGREEMENT FOR COST RECOVERY STUDY <br />0- LDwAC <br />1N•M �kaye.s <br />THIS AGREEMENT, made and entered into this 16th day of February, 2010 by and <br />between MGT of America, Inc., a Florida 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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />cost allocation methodology. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 />SCOPE OF SERVICES <br />Consultant shall perform a cost allocation study of the City's graffiti abatement program <br />to determine the City's square foot cost of graffiti abatement in order that the City may fully <br />recover its abatement costs from those who . <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for all costs <br />related to the graffiti abatement cost allocation study, a fee of $8,000.00. <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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on delivery <br />of the completed study and backup materials to the City, unless terminated earlier in accordance <br />with Section 12, below. <br />