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<br />INSURANCE ON FILE <br />WORK lirA Y PROCEED <br />UNTilIl~SURANCE EXPIRES <br />J.f - d, fI-06 <br />CLERK OF COUNCIL <br />DATE: /- 13-oS <br /> <br />C,: PR.li. THIS AGREEMENT made and entered into this r day of~, 2004 by <br />1..1>.~) and Card Metering Systems, Inc. a California Corporation (hereinafter "Consultant ), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />N-2005-00l <br /> <br />CONSULTANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />management of self serve photocopiers, printers, coin operated mechanisms and debt <br />card controls. <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 from 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 provide copier and micrographic printer service with debit card <br />technology at the McFadden Learning and Technology Center, as set forth in Exhibit A <br />("Facilities Management Agreement") to this 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 />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $3,700.00, annually, during the tenn 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 /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and tenninate on <br />December 31 2005, unless tenninated earlier in accordance with Section 12, below. The tenn of <br />