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<br />CONSULTANT MiRFEMEI\T <br /> <br />N-2006-081 <br /> <br />THIS AGREEMENT, made and entered into this 7'1> day orJuly, 200f) by and between Occupational Services, <br />Inc., (bereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized <br />and existing under the Constitution and laws ofthc State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />'t! A. The City desires to retain a consultant having special skill and knowledgc in the field of maiRtenaAce-ffi <br />{f\- )( FayeqHil3ll-1ent. identilil.:ation and quantification of unknown radiunuclides. <br /> <br />B. Consultant represents that Consultant is ablc and willing to provide such services to the City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represcnts that it is knowledgeable in its <br />field and that any services performed by Consultant under this Agreement will he pcrformed in compliance with <br />such standards as may reasonably be expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subJeetto the terms and <br />conditiolls hereinafter set forth, the parties agree as f(JIluws: <br /> <br />I. SCOPE OF SERVICES <br /> <br />Consultant shall identify and quantify unkown radioculides in a piece of x-ray equipment, located at the Santa <br />Ana Zoo at Prentice Park, as set forth in Exhibit A Including contractor's tcrms and conditions, attached hereto <br />and incOIvoratcd by n:fercnce. <br /> <br />2. COMPENSATION <br /> <br />a, City agrees to pay, and Consultant agrecs to accept as total payment for its serviccs, a flat fee of $ j 500.00, <br />The total sum to be expended under this Agreement shall not exceed $1500.00 during thc term of this <br />Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work <br />pertormed, subject to City aeeOlll1ting procedures, Payment need not he made for work wbieh fails to meet the <br />standards of performance sct forth in the Rccitals which may reasouably be expected by City. <br /> <br />3, TERM <br /> <br />This Agreement shall commencc on the date first written above and terminate upon receipt of Consultant's <br />report. <br /> <br />4, INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, be constmed to be an independent contractor and not <br />an employee of the City, This Agreement is not intended nor shall it be construed to create an employcr- <br />employee relationship, a joint venture relationship, or to allow thc City to exercise discretion or control over the <br />prolcssional manner in which Consultant performs the services which arc the subject mattcr of this AI,,'Teement; <br />however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable <br />standards and regulations governing such scrvices. Consultant shall pay all salaries and wagcs, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible <br />