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INSURANCE ON FILE WORK MAY PROCEED N-2013-113 UNTIL INSURANCE EXPIRES CLERK OF COUNCIL AGREEMENT FOR GRAFFITI DATE:. cL 1 $ Q013 PW4 2 REMOVAL SERVICES ® 1) Qhe)1 fAerc?THIS AGREEMENT, made and entered into this I' day of July, 2013 by and between Are Mid-Cities - Orange County, a California not for profit corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of graffiti removal, to supervise removal in the City of Santa Ana. B. Contractor represents that Contractor is able and willing to provide such services to the City through its vocational training program. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide workers, materials and transportation to provide graffiti removal, as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, a monthly fee of $1,350.00. The total sum to be expended under this Agreement shall not exceed $16,200.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on July 1, 2013 and terminate on June 30, 2014, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which