FAAC, INC. -2015 - Laserfiche WebLink

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INSURANCE ON FILE N-2015-076 WORT( MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE;ICONST ,TANT AGREEMENT qj� THIS AGREEMENT, made and entered into this 1sT day of April, 2015 by and between FARC, Inc., a Michigan corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing render the Constitution and laws of the State of California ereinafter 64City"), RE, CITAIA A. The City desires to retain FAAC to provide maintenance for Driver Training Simulator used to teach officers emergency and pursuit driving sldlls. B. In undertalcing the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any set -vices performed by Consultant under this agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. C. City has used FRAC since 2006 and during that time it has been providing ongoing maintenance and support services for the Driver Trahring Simulator system. The parties intended to enter into a new agreement as of February 1, 2015, and conducted themselves pursuant to their continued agreement to provide for and pay for services associated with the maintenance and use of the software. NOW THEREFORE, in consideration of the inutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in terms and conditions set forth in tnc attached Exhibit "A" to this Agreement and incorporated herein by reference. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its set vices, $5,674.00 a year for maintenance for a total of $17,022.00 as outlined in the invoice attached hereto as Exhibit "B" and incorporated herein by reference. In addition, a sum not to exceed $5,000.00 for unexpected expenses during the term of this agreement at the sole discretion of the City for the total sum of $22,022,00. i�I _Xtl1 This Agreement shall commence on February 1, 2015 and terminate on Sarmary 31, 2418, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a maturer consistent with all applicable standards and regulations governing such services.