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<br />.~ <br /> <br />. <br /> <br />A-2004-023 <br /> <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />1-1- 05 <br />CLERK OF COUNCIL CONSULTANT AGREEMENT <br />DATE: .3 - .;Ii1--D'I '\ <br />. THIS AGREEMENT, made and entered into thisOtnd day of RbrutLr--J, 2004 by <br />C ()j/t and between TSCM Corporation, a California corporation (hereinafter "Consultant"), fmd the <br />U>.fJltffAdD) City of Santa Ana, a charter city and mlUlicipal corporation organized and existing under the <br />Constitution and laws ofthe 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 />steam cleaning and power washing of streets and sidewalks. <br /> <br />R Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In lUldertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant lUlder 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 those services as set forth in City's Request for Proposals, dated <br />April 9, 2003, attached hereto as Exhibit A. Consultant shall comply with all Federal, State and <br />local requirements for collection, filtering and disposal of waste and water. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />$385.00 per working night, five (5) nights per week, 52 weeks per year. The total sum to be <br />expended under this Agreement shall not exceed $105,000.00, annually, during the term of this <br />Agreement. <br /> <br />b. Payment by City shall be made within 30 days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made <br />for work which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on February 1,2004 and terminate on January 31, 2005, <br />lUlless terminated earlier in accordance with Section 12, below. This Agreement may be <br />renewed for two successive 12-month periods upon the agreement of the City and Consultant. <br />