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CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this day of January, 2017, by and <br />between DuLac Enterprises, dbe Big RED Bus & Long Beach Trolley, a California corporation <br />("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. The City desires to retain a consultant to provide a lunchtime trolley service in <br />downtown Santa Ana. <br />B. Consultant represents that Consultant is able and willing to provide such services <br />to the 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 <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional 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 />SCOPE OF SERVICES <br />Consultant shall provide a lunchtime trolley service in downtown Santa Ana, which will <br />operate Tuesday, Wednesday and Thursday between 11:30 a.m. and 1:30 p.m. as set forth in <br />Exhibit A to this Agreement. In addition, Consultant will provide ADA compliant trolley /bus <br />services pursuant to the attached proposal and bus route. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, a rate of $600.00 per day of trolley services. The total sum to be <br />expended under this Agreement shall not exceed $93,600.00 (calculated as 3 <br />days per week for 52 weeks) during the term of this Agreement. <br />b. Payment by City shall be made within forty -five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />January 26, 2018, unless terminated earlier in accordance with Section 13, below. The Term of <br />this Agreement may be extended upon a writing executed by the City Manager and the City <br />Attorney. <br />flgie <br />