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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF Couslioug <br />DATE: JUG <br />he p.-T <br />THIS AGREEMENT made and entered into this I" day of July 2009, by and between <br />Able Rain Gutter (hereinafter "Contractor "), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City "). <br />AGREEMENT BETWEEN THE <br />CITY OF SANTA ANA AND ABLE RAIN GUTTER <br />N- 2009 -073 <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />repair and maintenance of rain gutters and downspout protection. <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 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 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 preventative maintenance and repair services, as well as <br />installation of rain gutters and downspout protection as set forth in Exhibit A to this Agreement, <br />and on an as- needed basis with a written proposal and invoice prepared by Contractor for each <br />requested job. <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 Twenty -Five Thousand Dollars ($25,000.00) during the term of this <br />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 />