BIG RED BUS & LONG BEACH TROLLEY-2016

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N-2016-077 INSG1Rt INClE ONI HLE VVOR l MAY PR 40CEED q01 UNTIL INSURANCE EIfPM C GL. tf-ll -27 / A16 : G /d -/6 CLERK OF COUNCIL DATE:_ AN -9 2016 CONSM,`PAN'P AGREEMENT Ar �t Q - � Tb11S ACTIM TIENT is trade and entered into this I9a of May, 2016 by and between Big RHO Bas & Long Beach Trolley C Consultant'l and the City of Santa Ana; a charter city and mraticipal corporation orgaltized and existing under the Constitution and laws of the State of California ('City"). RE91'60 & The City desires to retain a consultant to provide a lunchtime trotley service in downtown. Santa Ana for a ninety (90) day trial. 13. Consultant represents that it is able and willing to provl4e such services to the City, C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected, NOW 7" IIEItEFMF, in consideration of the mutual and respective promises, and subject to the terns slid conditions hereinafter set forth, the parties agree as follows: I. SCOPE OF SE, IMCES Consultant shalt provide a ltnehthne trolley service In downtown Santa Ana, which will operate 'rucsday, Wednesday and'I'hursday between 11:30 a.m, and 1:30 p.m. as set forth in Exhibit A to this Agreement, In addition, Consultant will provide ADA compliant trolley/bus servicos pursuant to the attached proposal and bus, route. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a rate of $600.00 per day of trolley services. The total compensation provided under this Agreement shall not exceed $23,400,00. b. Payment by City shall be made within forty-five (45) days fallowing 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. 11,F)RIM `chis Agreement shalt coennxxrce on May 24, 2016 and terminate oil August 19, 2016, unless terminated earlier pursuant to Section 12, below. The term of this Agreement may be extender.[ upon a w6tine executed by the City Manager and the City Attorney. 4, 1NDUPLeN.LIENT CON'FRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractorand not an employee of the City. 'Phis Agreement is not intended not shall it be construed to create all employer-employee relationship, n,joint venture relationship, or to allow the City to exerciso discretion or control over the professional tttarrner in which Consultant performs the services which ate