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<br />INSURANbE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />~"5 - ~-oB <br />CLERK OF COUNCIL <br />DATE: 5 - 3 -07 <br /> <br />N-2007 -048 <br /> <br />AGREEMENT BETWEEN THE <br />CITY OF SANTA ANA AND <br />FUTURE TOUCH TECHNOLOGY <br /> <br />0: '?v.lt'\CJi THIS AGREEMENT, made and entered into this 3?utuay of March, 2007 by and <br />C u.v.. lh" between Future Touch Techn~logy, a Calif~rnia corpora.tion (hereinafter "Consultant"), and the <br />2. '~) City of Santa Ana, a charter Clty and mumclpal corporatIOn organIzed and eXlstmg under the <br />Constitution and laws ofthe State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skills and knowledge to provide <br />oversight the City with on-call kiosk maintenance. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those on-call kiosk maintenance services for the pricing as set <br />forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed Ten Thousand Dollars ($10,000.00) during the term of this <br />Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on April <br />30,2008, unless terminated earlier in accordance with Section 12, below. The term of this <br />