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<br />INSURANCE NOT ON FILE <br />WORK MAY llill PROCEED <br />CLERK OF COUNCIL <br />DATE: 1-.20~5 <br /> <br />N-2005-005 <br /> <br />CONSULTANT AGREEMENT <br /> <br />C: PO <br />hSUij.. <br /> <br />THIS AGREEMENT, made and entered into this 13th day of January, 2005, by and <br />between Mack I Barclay, Inc., (hereinafter "Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />performing forensic accounting in an administrative matter. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform forensic accounting, financial analysis and related investigation <br />as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <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 A. The total sum to be expended under this <br />Agreement shall not exceed $9,999.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) 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 /> <br />3. TERM <br /> <br />This Agreement shall commence on January 18, 2005 and terminate on June 30, 2005, <br />unless the review is either completed or terminated earlier in accordance with Section 12, below. <br />The term of this Agreement may be extended upon a writing executed by the Chief of Police and <br />the City Attorney. <br />