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INSURANCE NOT ON FILE N- 2006 -097 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: 9- "2'04 <br />O: P +B C* (T. zerba) CONSULTANT ACRF.F.MF.NT <br />THIS AGREEMENT, made and entered into this / day of SwkmLer 2006 by <br />and between Kaku Associates, Inc., a California corporation (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing trader the <br />Constitution and laws of the State of California (hereinafter "City")_ <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />traffic, parking and circulation issues. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the periomrance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under 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 />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 />SCOPE OF SERVICES <br />Consultant shall provide consulting services regarding traffic, parking, and circulation <br />related to projects being reviewed by the City. Said services shall be on -call basis provided upon <br />the written request of the Executive Director of the Planning and Building Agency, which will <br />request any specific Scope of Services and fee schedules(s) for each project. <br />2. COMPENSATION <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 510,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be 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 />3. 'PERM <br />This Agreement commences on the date first written above and will tenninate upon <br />expenditure of allocated funds, unless terminated earlier in accordance with Section 12, below. <br />