25D - AGMT - PREP CON PLAN - Laserfiche WebLink

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EXHIBIT 2 AGREEMENT WITH ERNEST SWIGER CONSULTING, INC. INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this _ day of , 2014 by and between Ernest Swiger Consulting, Inc., a California 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 ( "City "). RECITALS: A. The City desires to retain a consultant having special skill and knowledge in the field of providing consulting services with regard to preparation of the Consolidated Plan. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ( "HUD ") Community Development Block Grant ( "CDBG ") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Pant 570 of Code of Federal Regulations 24 CFR 570.000, et seq. ( "CDBG Reg's "). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Reg's. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Pursuant to the terms of this Agreement, Consultant shall prepare the Consolidated Plan, as set forth in its Proposal dated July 7, 2014 attached hereto and incorporated herein as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The base stun to be expended under this Agreement shall not exceed $49,870.00, with an additional contingency amount of $5,130 for unexpected costs that arise during the Tenn of this Agreement. Total compensation to Consultant for the services set forth hi this Agreement shall not exceed Fifty Five Thousand Dollars ($55,000.00). In order to use any of the contingency amount, Consultant must submit a written request explaining the circumstances, and use of any of the contingency amount must be agreed upon by the City Manager in writing. 25D -7