DULAC ENTERPRISES (DBA BIG RED BUS)-2017

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INSURANCE ON FILE WORK MAN(PROCEED A-2017-011 UNTIL INSURANCE EXPIRES CiO ERKOFGOUNCII. DATE, A 2,j20a CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this j 741" day of January, 2017, by and between Big RED Bus & Long Beach Trolley ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and taws of the State of California ("City"). A. The City desires to retain a consultant to provide a lunchtime trolley service in downtown Santa Ana, B. Consultant represents that Consultant is able and willing to provide 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 from a professional 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: SCOPE OF SERVICES Consultant shall provide a lunchtime trolley service in downtown Santa Ana, which will operate Tuesday, Wednesday and Thursday 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 services 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 sum to be expended under this Agreement shall not exceed $93,600.00 (calculated as 3 days per week for 52 weeks) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) 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. This Agreement shall commence on the date first written above and terminate on December 31, 2017, unless terminated earlier in accordance with Section 13, below. The Term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney.