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11ti��o INSURANCE ON FILE <br />MAY <br />UNTIKINSURANOCEEXPIRES <br />CLERK OF COUNCIL <br />DATE: <br />CONTRACTOR AGREEMENT <br />A-2020-155 <br />CITY OF SANTA ANA <br />QW k_1-J net�Mercado) , <br />THIS AGREEMENT is made and entered into this day of July 21, 2020 by and between Graffiti Protective <br />-Coatings,, Inc. ("Consultant"), a California Corporation, and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in connection with <br />graffiti removal services <br />B. Contractor represents that Contractor is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />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 />SCOPE OF SERVICES <br />Contractor shall perform during the term of this Agreement, the tasks and obligations including all <br />labor, materials, tools, equipment, and incidental customary work required to fully and adequately <br />complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and <br />incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, <br />the rates and charges identified in Compensation - Exhibit B. The total amount to be <br />expended under this Agreement shall not exceed $10,880,000.00 during the term of this <br />Agreement, including any extension periods exercised under Section 3. This sum shall be <br />comprised of $1,280.000 annually with a contingency amount of $80,000 for a total annual <br />cost of $1,360,000. <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 />