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INSURANCE ON RLE <br />WORK MAY PROCEED N-2023-05 3 <br />UNTY. INSURANCE EXPIRES <br />LJ - 6 - ZD 23 <br />CLERK OF COUNCIL <br />DATE <br />AGREEMENT FOR MEDICAL SERVICES AND TESTING <br />THIS AGREEMENT is made and entered into this I st day of April, 2023 by and between <br />American Alliance Drug Testing, a California Nonprofit Corporation ("Consultant"), and the City <br />��av✓{a✓tom �.�(ftV� of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California ("City"). <br />RECITALS <br />era <br />N <br />N A. City desires to retain a consultant to facilitate the City's DOT regulated and non -regulated <br />o drug and alcohol testing services. <br />B. 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 Consultant in the field of drug and alcohol testing services. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject <br />to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />r <br />Consultant shall facilitate the performance of drug and alcohol testing services for both <br />DOT -regulated employees and non -DOT regulated employees on an as needed basis as set <br />forth in more detail in the attached Exhibit A. <br />2. COMPENSATION <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 annual amount authorized <br />under this Agreement shall not exceed fifty thousand dollars and zero cents <br />($50,000) during the term of this Agreement. <br />b. Payment by City shall be made within forty-five of days (45) days following receipt <br />of proper invoice evidencing work performed, subject to City accounting <br />procedures. Payment need not be made for work that fails to meet the standards of <br />performance set forth in the Recitals, which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date written above and terminate on March 31, <br />2028, unless terminated earlier in accordance with Section 15, below. <br />4. INDEPENDENT CONSULTANT <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br />