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<br />. . INSURANCE 00 FILE <br />WORK MAY PROCEED <br />UNTIL INSURANC/~EXPIRES <br />1/-/-07 " <br />CI.ERK OfÇOUN,CIL ---rl CONSULTANT AGREEMENT <br />DATE: ¿ï~3/o tf <br /> <br />é R<-1~ THIS AGREEMENT, made and entered into this '?J,-ol day of \l!- H<~ ,2004 by <br />and between Tom Malloy Corporation DBA Trench Shoring Company, ~ahfornla corporatIOn <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City"). <br /> <br />N-2004-071 <br /> <br />" <br /> <br />RECIT ALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />training in excavation, trenching and sloping techniques, protective systems, soils <br />classifications and confined space entry safety. <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 perfonnance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services perfonned by Consultant under this <br />Agreement will be perfonned in compliance with such standards as may reasonably be <br />expected ITom a professional consulting finn in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />tenns and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall train 20 City employees on CAL-OSHA Title 8 trench safety <br />requirements and an introduction to confined space entry safety, as set forth in Exhibit A to this <br />Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />$60.00 per trainee. The total sum to be expended under this Agreement shall not exceed <br />$1,200.00 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 perfonned, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of perfonnance set forth in the Recitals <br />which may reasonably be expected by City. <br />