SAMBA HOLDINGS, INC. 1 - 2007 - Laserfiche WebLink

Home Browse Search

IMNANCE NOT MAY P OC ED N- 2007 -047 CLERK Of COUNCIL DATE: �l b " "'7 pr?S(A) SERVICE AGREEMENT C� Win in4nd�I THIS AGREEMENT, made and entered into this 15`h day of March, 2007 by and between SAMBA Holdings, Inc., a Delaware Corporation (hereinafter "SAMBA "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. SAMBA has developed technology to allow employers a paperless method of checking DMV records for employees required to maintain a drivers license for employment. B. SAMBA represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, SAMBA represents that it is knowledgeable in its field and that any services provided by SAMBA under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES SAMBA shall provide access to F1eetWatch, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $0.40 per enrolled California driver per month. City may purchase other records services at the then current rate published by Consultant. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the