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<br />INSURANCE NOT RFQUII\[U <br />WORK ~.~i\Y PROCEED <br />CLERK OF COUNCIL <br />DATE: ;) - AI-O '1 <br /> <br />0: pD C;L) <br />~t..SCflL <br /> <br />A-2007-037 <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />(City of Santa Ana and Graffiti Tracker Inc.) <br /> <br />THIS PROFESSIONAL SERVICES AGREEMENT is made as of February 5, <br />2007, by and between 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 ("City"), <br />and Graffiti Tracker Inc., a California corporation("Contractor"). <br /> <br />RECITALS <br /> <br />1. City has determined that it requires professional services from a Contractor to <br />provide graffiti analysis and tracking services for the City of Santa Ana. <br /> <br />2. City desires to retain Contractor as an independent contractor to provide such <br />services on an as needed basis. <br /> <br />3. Contractor represents that it is fully qualified to perform such services by <br />virtue of its experience and the training, education and expertise of its <br />principals and employees. <br /> <br />NOW, THEREFORE, in consideration of performance by the parties of the <br />promises, covenants, and conditions herein contained, the parties hereto agree as <br />follows: <br /> <br />1. Contractor's Services. <br /> <br />a. Scope and Level of Services. The nature, scope, and level of the <br />specific services to be performed by Contractor are as set forth in Exhibit A, attached to <br />this Agreement and incorporated herein as though set forth in full. City is retaining <br />Contractor pursuant to this Agreement on a non-exclusive basis and reserves the right <br />to retain other professionals to perform similar service if City determines such services <br />are needed. <br /> <br />b. Time of Performance. The services shall be performed in a timely <br />manner and on a regular basis in accordance with the written instruction of the <br />Contract Administrator. Time is of the essence in the performance of this Agreement. <br /> <br />2. Standard of Care. As a material inducement to City to enter into this <br />Agreement, Contractor hereby represents and warrants that it has the professional <br />expertise and experience necessary to undertake the services to be provided herein. <br /> <br />3. Compliance with Law. All services rendered hereunder by Contractor <br />shall be provided in accordance with all ordinances, resolutions, statutes, rules, and <br /> <br />1 <br />