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<br />INSURANCE NOT REQUIRED <br />WORK MAY PROCEED <br />CLERK OF COUNCIL <br />DATE: ~-8'-oG, CONTRACTOR AGREEMENT <br /> <br />N-2006-076 <br /> <br />THIS AGREEMENT, made and entered into this ~day ofrff~ ,2006 by and <br />between LA Cart's Mfg., Inc., (hereinafter "Contractor"), and the City of Santa Ana, a charter <br />cily and municipal corporation organized ami existing under the Constitution and laws of the <br />State of California ("City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />providing burgundy umbrellas lor the downtown vendor carts. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such <br />services/materials to the City. <br /> <br />C. In undertaking the performance ofthis Agreement, Contractor represents that it is <br />knowledgeable in its fleld and that any services performed or materials provided by <br />Contractor under this Agreement will be performed and provided in compliance with <br />such standards as may reasonably be expected from a professional fim1 in such field. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />tcrms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Contractor shall provide the City with at least twenty-two (22) burgundy colored <br />umbrellas for the downtown cart vendors. <br /> <br />2. COMPENSATION <br /> <br />a. City agrccs to pay, and Contractor agrees to accept as total payment for its serviccs, <br />the ratcs and charges identified in Exhibit A. The total sum to be expended undcr this <br />Agreement shall not exceed $ 10,000.00 during the term of this Agreement. \ <br /> <br />b. Payment by City shall be made within thirty (30) days lollowing receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment nccd not <br />bc 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 /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and tcrminate npon <br />expenditure of all funds hereunder, unless terminated earlicr in accordance with Section 12, <br />below. The term of this Agreement may be extcnded upon a writing executed by the Deputy <br />City Manager of Developmcnt Services and the City Allomey. <br />