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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />LERK OF COUNCIL <br />DATE- `Y-(�--0 <br />O: PRCS V ) <br />N-2017-034 <br />Silvia Cuevas y <br />THIS AGREEMENT is made and entered into this 2-`)�L ay of Moo t i , 2017, b and <br />between Jose L. Romo, a sole proprietorship ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of event <br />production services for its annual Cinco de Mayo Event in Downtown Santa Ana to be held on <br />May 6 and May 7, 2017 ("Event"). <br />B, Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that he Is <br />knowledgeable in his field and that any services performed by Consultant under this Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall provide event production, cleaning, and related services for the Event, as more <br />specifically described in the scope of services that is attached as Exhibit A. <br />2. COMPENSATION <br />a, City agrees to pay, and Consultant agrees to accept as total payment for his services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $12,029.60. This amount includes (1) the sum of <br />$10,936.00 and (2) a contingency sum of up to 10%, or $1,093.60, for services as may <br />be performed by Consultant at the sole discretion of City. <br />Payment in the amount of $5,000 shall be made by City upon full execution of this <br />Agreement and 10 days after receipt of invoice. The remaining compensation shall be <br />paid within thirty (30) days following Event and receipt of proper invoice evidencing work <br />performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may <br />reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through May 31, 2017, <br />unless terminated earlier in accordance with Section 13 below. The term of this Agreement may be <br />extended by a writing executed by the City Manager and the City Attorney. <br />