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<br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />3 - 1-08 <br />CLERK OF COUNCIL <br />DATE: if-;;o-o1 <br /> <br />(): Fn.J (.l1 <br />~~) THIS AGREEMENT, made and entered into this 5th day of February, 2007 by and <br />between Orpak USA, Inc., (hereinafter "Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br /> <br />A-2007-030 <br /> <br />CONSUL T ANT AGREEMENT <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />designing and installing computerized fuel management systems. <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 performance 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 /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall provide, install and train City personnel on the use of a fuel management <br />system to track the usage of gasoline and diesel for each City vehicle, as set forth in Exhibit A to <br />this Agreement. The system will reflect real time usage online and a web based program that <br />tracks actual gallons pumped per vehicle. The system will include a key pad identification <br />system for use by authorized City employees. <br /> <br />2. 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 $51,959.70 during the term of this Agreement. <br /> <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 />