MGT OF AMERCIA, INC. 1 - 2010 - Laserfiche WebLink

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N-2010-117 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES GL . 7-/-.Z~0/ CLERK OF COUNCIL AGREEMENT OR PROVISION OF SERVICES DATE: DEC C~ 2010 THIS AGREEMENT, made an entered into this day of November, 2010 by and (Z u}Aterrez. between MGT OF AMERICA, INC., corporation (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the analysis of governmental cost of services, used to develop user fees and full cost allocation plans. B. Consultant represents that Consultant is able and willing to provide such services to the city. C. In undertaking the per-forma ice ofthis Agreement, Consultant represents that it is knowledgeable in its field a rd that any services performed by Consultant under this Agreement will be performe in compliance with such standards as may reasonably be expected from a professiona consulting firm in the field. NOW THEREFORE, in consideration ofthe 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 a City cost analysis to develop a City Cost Allocation Plan, as set forth in Consultant's Proposal, attached hereto and incorporated by this reference. 2. REPRESENTATIVES For purposes of implementing his Agreement, the representative of City shall be the Executive Director of the Finance and anagement Services Agency, or his designated representative, and the representative )f the Consultant shall be Brad Burgess or his/her designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf oftheir respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PR DUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or arty. Consultant shall deliver to City any work product 1