Laserfiche WebLink
,J I U A- 2006 -220 <br />SJ NSiL <br />OF i;UNN, CONSULTANT SERVICES AGREEMENT <br />DATE: it - &-G(0 <br />�� -r►1 S�-z) This Consultant Services Agreement (hereinafter "Agreement ") is made as of October (, 2006, <br />by and between MBIA MuniServices Company, a Delaware Corporation with an office at 7335 N. <br />Palm Bluffs Ave, Fresno, CA 93711 (hereinafter "MMC "), and the City of Santa Ana, a <br />municipal corporation of the State of California (hereinafter "City"). <br />1. SERVICES <br />Subject to the terms and conditions set forth herein, MMC shall provide to City those services set <br />forth in Addenda attached hereto in exchange for the fees set forth in the Addenda. Upon mutual <br />agreement, MMC and City may add services to be performed by MMC for City under this <br />Agreement by executing additional Addenda. Such additional Addenda shall contain, at a <br />minimum, a description of the services to be performed, the anticipated compensation for such <br />services, and any additional terms required to give effect to the request for services (collectively <br />"Services "). Such additional Addenda shall be signed by representatives of City and MMC having <br />authority to so bind the parties. MMC shall provide the Services in the manner specified in each <br />applicable Addendum. MMC shall not be required to perform, nor City be required to pay for, <br />services not contained in an applicable Addendum. <br />2. INDEPENDENT CONTRACTOR STATUS <br />MMC is an independent contractor, and not an employee of City, who will be engaged in <br />providing consulting services for City. Nothing in this Agreement shall be interpreted or <br />construed as creating or establishing the relationship of employer and employee between City and <br />MMC or between City and any employee or agent of MMC. Both parties acknowledge that MMC <br />is not an employee for state or federal tax purposes. MMC shall retain the right to perform <br />services for others during the term of this Agreement. Nothing in this Agreement shall be <br />construed as creating a partnership, joint venture, or designating MMC as an agent of City. MMC <br />shall have no authority to bind, contract, or obligate City, financially or otherwise. City shall not <br />have any right to control the means by which MMC performs the Services including the facilities <br />used, the employees, contractors, or agents assigned by MMC. MMC shall be responsible for any <br />subcontracts entered into in the course of performance of the Services for City and MMC shall be <br />solely responsible for payment to the subcontractors. <br />3. COMPENSATION <br />3.1 In consideration for the Services to be performed by MMC, City agrees to pay MMC the <br />rates set forth in each applicable Addendum. <br />3.2 MMC shall submit timely invoices for all services rendered in accordance with each <br />applicable Addendum. Payment will be made to MMC within thirty -days (30) of receipt <br />of MMC's invoice therefore or subject to City's accounting procedures but no longer than <br />60 days. <br />3.3 MMC shall be responsible for all costs and expenses incident to the performance of <br />Services for City, including but not limited to, all costs of equipment provided by MMC, <br />all fees, fines, licenses, bonds or taxes required of or imposed against MMC and all other <br />of MMC's costs of doing business. City shall not be responsible for expenses incurred by <br />MMC Services Agreement Page 1 <br />