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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 1st day of March, 2010 by and between <br /> 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 /> <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 /> l <br /> 25B-3 <br /> <br />