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INSURANCE NOT ON FILE A-2018-096 <br />WORK MAY Nff PROCEED <br />CLERK OF COUNCIL <br />DA <br />7,Ee APR 3 0 2010 <br />44 AGREEMENT TO PROVIDE CITY-WIDE FIBER OPTIC <br />BROADBAND NETWORK CONSULTING SERVICES <br />THIS AGREEMENT is made and entered into this 3rd day of April, 2018 by and between Magellan <br />Advisors LLC, a Florida Limited Liability Company ("Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. On September 15, 2017, the City issued Request for Proposal No. 17-111, by which it <br />sought a consultant to provide City-wide Fiber Optic Broadband Network Consulting <br />Services. <br />B. Consultant submitted a responsive proposal that was selected by the City. Consultant <br />represents that it is able and willing to provide the services described in the scope of work <br />that was included in RFP No. 17-111. <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 terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the services that were described in the scope of work that was included <br />in RFP No. 17-111 and as more specifically delineated in Consultant's proposal, which is attached as <br />Exhibit A and incorporated in full. <br />2. COMPENSATION <br />Et. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, <br />the rates and charges identified in Exhibit B. The total amount to be expended during the term <br />of this Agreement, including any extension periods, shall not exceed $225,000. This sum <br />includes the (1) base fee of $199,880 plus (2) a contingency in the amount of $25,120 for <br />services to be performed at the sole discretion of City. <br />b. Payment by City shall be made within 45 days (forty-five) 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 />Page 1 of 8 <br />