25D - AGMT FOR UASI GRANT PROJECT

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approval, in writing, by City. The total amount to expended during the I' Year of this Agreement shall not exceed $138,976. b. City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $65.48, effective June 1, 2021 through May 31, 2022 ("2°d Year"). Consultant shall also be reimbursed for training and travel which requires pre - approval, in writing, by City. The total amount to expended during the 2°d Year of this Agreement shall not exceed $143,198. C. If the parties exercise the option to extend the term of the Agreement, as detailed in Section 4 below, the City agrees to pay, and Consultant agrees to accept as total payment for its services an hourly rate of $67.50, effective June 1, 2022 through May 31, 2023 (the "Extension"). Consultant shall also be reimbursed for training and travel which requires pre -approval, in writing, by City. The total amount to expended during the Extension shall not exceed $147,400. d. The total amount that may be expended throughout the entire term of this Agreement shall not exceed $429,574, as detailed in Exhibit B. e. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all written papers or materials prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. 4. TERM This Agreement shall commence on June 1, 2020 and terminate on May 31, 2022, unless terminated earlier pursuant to Section 13, below. The term of this agreement may extended for a single (1) one-year period upon a writing executed by the City Manager and the City Attorney. 5. 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 manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social #39228v3 25D-4