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<br /> <br /> INSUI ANUL 6-lv J°i N-2012-108 <br /> WORK MAY Nkl. PROCEED <br /> <br /> CLERK Orr c JUNCIL <br /> DATE: SP 18 2012 <br /> CONSULTANT AGREEMEN <br /> 0: persarne.~~ R~sK Mom} C~~ ? I~,'?~ ~an ~ . <br /> $rizQ M~fale~ THIS AGREEMENT mad a d-entered into this 17th day of July, 2012 by and between Safetec <br /> Compliance Systems, Inc, CaXI f is 9orporation, (hereinafter "Consultant"), and the City of Santa Ana, <br /> a charter city and municipal corporation organized and existing under the Constitution and laws of the <br /> State of California (hereinafter "City"). <br /> RECITALS <br /> <br /> A. The City desires to retain a consultant having special skill and knowledge in the field of material <br /> safety data sheet management and chemical compliance services. <br /> <br /> B. Consultant represents that it is able and willing to provide such services to the 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 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 /> <br /> 1. SCOPE OF SERVICES <br /> Consultant shall perform those services as set 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, the rates <br /> and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br /> $15,000 during the term of this Agreement. <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br /> evidencing work 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 reasonably be <br /> expected by City. <br /> <br /> 3. TERM <br /> This Agreement shall commence on the date first written above and terminate on June 30, 2013, <br /> unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br /> extended upon a writing executed by the Executive Director of the Personnel Services Agency and the <br /> City Attorney. <br /> <br /> 4. INDEPENDENT CONTRACTOR <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> <br /> <br /> 1 <br />