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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />(DATE: <br />Q: <br />CONSULTANT AGREEMENT <br />WITH 360CIVIC <br />N-2022-187 <br />THIS AGREEMENT is made and entered into this I" day of July, 2022, by and between <br />360Civic, a California corporation ("Consultant'), and the City of Santa Ana, a charter city and <br />omunicipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />on -call web and internet development services and hosting. <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 consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an as -needed basis, and at the sole discretion of City, Consultant shall perform during <br />the term of this Agreement, the tasks and obligations including all labor, materials, tools, <br />equipment, and incidental customary work required to fully and adequately complete the services <br />described and set forth in the Quote for Services attached hereto as Exhibit A and incorporated by <br />reference. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this Agreement. Consultant shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in the Quote for <br />Services attached hereto as Exhibit A. The total compensation for services <br />provided by Consultant shall not exceed Fifty Thousand Dollars ($50,000) during <br />the term of this Agreement. <br />b. The City is enrolling in the Gold Program, which requires pre -payment in Five <br />Thousand Dollar ($5,000) increments. Payment by City for pre -payment invoices <br />and hosting shall be made within forty-five (45) days following receipt of proper <br />invoice, subject to City accounting procedures. Payment shall be returned or <br />Page 1 of 12 <br />