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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />8 -a3 -o7 <br />CLERK OF COUNCIL <br />DATE; 8 028° -07 <br />O '. P OVA '(2) <br />-Vert CcWe, <br />AGREEMENT TO PROVIDE <br />SMALL BATTERY RECYCLING <br />N- 2007 -086 <br />THIS AGREEMENT, made and entered into this 1St day of July, 2007 by and between <br />Curbside Inc., a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />battery removal and recycling services. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in the battery recycling field and that any services performed by <br />Contractor under this Agreement will be performed in compliance with such standards <br />as may reasonably be 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 />1. SCOPE OF SERVICES <br />Contractor shall perform those services as set forth in Exhibit A "Scope of Services <br />Small Battery Recycling Program" to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor 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 $25,000.00, 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. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2009, unless terminated earlier in accordance with Section 12, below. This Agreement may be <br />