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AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE DEPARTMENT OF <br />PUBLIC HEALTH FOR TOBACCO LICENSE COMPLIANCE <br />CHECKS AND INVESTIGATIONS <br />THIS AGREEMENT, made and entered into this day of , 2008 by and <br />between the California State Department of Public Health, Food and Drug Branch (hereinafter <br />"Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City enacted a Tobacco Retail License Ordinance and desires to investigate <br />compliance of Tobacco Retailers with the City's Ordinance. <br />B. Contractor has previously implemented programs throughout the state to conduct <br />compliance checks and investigate Tobacco Retailers. Contractor represents that it is <br />able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional in the field of compliance checks and investigations. <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 services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay Contractor as compensation for complete and satisfactory <br />performance of the terms of this Agreement, an amount not to exceed Seventy Five Thousand <br />Dollars ($75,000.00) to be paid at the rate of $460.00 per investigation during the term of this <br />Agreement. During the term the Contractor agrees to conduct a minimum of 100 investigations <br />at a rate of $460.00 per investigation. The foregoing amount represents the total compensation <br />paid by City to Contractor for services to be performed as designated by this Agreement. <br />b. Contractor shall submit invoices to the City on a quarterly basis. Invoices will state the <br />time period covered as well as the number of compliance checks completed during the billing <br />period. Compliance check locations completed during the billing period will be identified on an <br />attachment submitted with each invoice. Funds shall not be released until the City has approved <br />25M-3 <br />