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INSURANCE ON FILE N-2008-089 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />1- Oq <br />CLERK OF COUNCIL <br />DATE: -7- i 7 - C AGREEMENT <br />ck; „sTHIS AGREEMENT, made and entered into this 30" day of June, 2008 by and between <br />Ortco, 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 <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge in the <br />field of providing labor and materials to prepare a construction site for concrete <br />work at Logan Park playground. This includes the installation of a 2-seat swing, <br />construction of turndown curb and concrete curb connectors and preparing the <br />area for installation of rubberized surfacing. <br />B. Contractor represents that Contractor is able and willing to provide such <br />services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it <br />is knowledgeable in its field and that any services performed by Contractor <br />under this Agreement will be performed in compliance with such standards as <br />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 <br />to the 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 to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended under <br />this Agreement shall not exceed $6,000 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 <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />August 31, 2008, unless terminated earlier in accordance with Section 12, below. The term <br />