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N-2019-058 <br />INSURANCE NOT ON FILE <br />WORK MAY RE PROCEED <br />CLERK OF COUNCIL. AGREEMENT TO PROVIDE TROLLEY SERVICES <br />® DATE: APR O 4 2019 FOR DOWNTOWN SANTA ANA EVENTS <br />®�• C� dat`) THIS AGREEMENT is made and entered into on this 1sT day of April, 2019, by and between <br />DuLac Enterprises, dba Big Red Bus Charter, a California corporation ("Consultant'), and the <br />CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under <br />the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing trolley transportation for Downtown Santa Ana events (and related events as <br />outlined in Exhibit A). <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 in the field. <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 />1. SCOPE OF SERVICES <br />Consultant shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. Routes service and dates are subject to change and can be amended <br />upon mutual written agreement of both parties, which may be exercised by the City in a writing <br />executed by the City Manager and City Attorney. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended <br />during the term of this Agreement shall not exceed $16,350.00. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />1 <br />