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INSURANCE NOT ON FILE N-2019-192 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />© DATE: SEP 2 g 2019 <br />0, � vJ A 2, AGREEMENT TO PROVIDE ON -CALL DEBRIS REMOVAL <br />AND WEED ABATEMENT SERVICES <br />hr wh �\ Swan <br />THIS AGREEMENT is made and entered into this _ day of September, 2019 by and between <br />Swayzer Corporation ("Contractor'), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />('City"), <br />RECITALS <br />A. The City desires to retain a contractor to provide debris removal and weed <br />abatement services on an on -call basis at various locations throughout the City in <br />order to address the impacts of homelessness. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm 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 />1. SCOPE OF SERVICES <br />On an as -needed basis, and at the City's sole discretion, Contractor shall perform the <br />services described in the scope of work that is attached as Exhibit A and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit A. <br />The total sum to be expended during the term of this Agreement, including any <br />extension periods, shall not exceed $250,000. <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 procedures. <br />Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />Page] of 8 <br />