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N-2017-141 <br />AGREEMENT TO PROVIDE A FINANCIAL <br />FEASIBILITY ANALYSIS FOR PROPOSED <br />REDEVELOPMENT AT 3`d AND BROADWAY <br />THIS AGREEMENT is made and entered into this ! day of� 2017, by and between <br />Kosmont 8a Associate, Inc, (dba Kosmont Companies), a Calk orma corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />aA. The City desires to retain a consultant having special skill and knowledge to provide <br />an analysis of the financial feasibility, net fiscal impact and economic. benefit in <br />-'I lAJ I.lJ <br />z C3 connection with the proposed redevelopment of the 3rd and Broadway parking <br />a cC) structure located in the City's Downtown. <br />Min , 1 <br />rs x x <br />B. Consultant represents that Consultant is able and willing to provide such services <br />�y to the 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 <br />be 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 those services as set forth in the attached proposal dated June 19, <br />2017, identified as Exhibit A, and incorporated by reference to this Agreement. Where any language <br />or terms provided within Exhibit A conflict with this Agreement, the language of this Agreement <br />shall be controlling. <br />2. COMPENSATION <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 and incorporated by reference to this <br />Agreement. The total swn to be expended under this Agreement shall not exceed <br />$20,000 fbr the terns of the Agreement. This amount is comprised of (1) the sum <br />of $15,000 for hourly services, plus expenses at actual costs, plus a four (4) percent <br />administrative fee, as provided for in Exhibit B, and (2) a contingency amount of <br />up to $5,000 for services as may be performed by the Consultant at the sole <br />discretion of the City. <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />Page 1 of 9 <br />