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~~GA C~Doux+~,.~sr~ (Z~ <br /> ~ ~c~reh G (Rtxk Gary-ic1 N-2010-044 <br /> INSURANCE ON FILE <br /> WORK i~fAY PRGCEEL <br /> UNTIL 6NSURANCE EXPfRES'~'~ CONSULTANT AGREEMENT <br /> <br /> CLERK QF COUNCIL <br /> DATE: 1 ~ 214 THIS AGREEMENT, made and entered into this / ~ day of ~ 2010 by and <br /> between Prestige Striping Services, Inc., a California corporation (her nafter "Consultant"), and <br /> the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California (hereinafter '`City"). <br /> RECITALS <br /> A. The City desires to retain a consultant having special skill and knowledge in the field of <br /> street and parking lot painting, striping and installation of wheel stops. <br /> B. Consultant represents that Consultant is able and willing to provide such services to the <br /> City. <br /> C. In undertaking the performance of this Agreement, Consultant represents that it is <br /> knowledgeable in its field and that any services performed by Consultant 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 /> Consultant shall perform street painting and parking stall painting as set forth in Exhibit <br /> A to this Agreement. Said services shall be provided on an as-needed basis. Consultant shall be <br /> informed by the City of each pending project. Within five (5) working days of the request of the <br /> City, Consultant shall provide a formal written proposal for each project, including compensation <br /> and timeline as to when project will be completed. The City has the discretion to accept, reject <br /> or negotiate the project proposal, and shall do so in writing to Consultant. Upon the written <br /> approval of the Deputy City Manager for Development Services, Consultant shall commence <br /> services for the project. <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br /> the rates and charges identified in each accepted proposal. The total sum to be expended under <br /> this 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 /> 1 <br /> <br />