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INSURANCE ON FILE <br />WORT( MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />Lin/ IN ?CZ <br />CLERK OF COUNCIL <br />DATEE;. (2) 1 2013 <br />O <br />AGREEMENT FOR PROVISION OF SERVICES <br />N-2013-114 <br />1 rv THIS AGREEMENT, made and entered into this 15th day of July, 2013, by and between <br />tACA([da ref MGT OF AMERICA, INC., (hereinafter "Consultant"), and the City of Santa Ana, a charter city <br />Me ter and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the analysis <br />of governmental services to develop indirect cost rates and prepare a full.cost allocation <br />plan. <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 />terns and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform a Public Works Agency cost analysis to develop the Agency <br />Cost Allocation Plan for use in 2012-13, as set forth in Consultant's proposal, attached hereto and <br />incorporated by this reference. <br />2. REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of City shall be the <br />Executive Director of the Public Works Agency, or his designated representative, and the <br />representative of the Consultant shall be the Project Manager or his designated representative. <br />Except as may be otherwise stated herein, such representatives shall have the authority to act on <br />behalf of their respective parties in carrying out the terms of this Agreement. <br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform <br />this Agreement and will perform its obligations hereunder in accordance with standards and <br />practices prevailing in the industry. Consultant's contribution to the project, including works to <br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. Consultant shall deliver to City any work product <br />which results from the services provided. Said work product shall be submitted in hard copy and <br />produced in a form compatible with City's information systems, as agreed between the Project <br />Manager and Consultant.