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<br />,",,",,~I;Vl1'-_ <br />WOflK MAY ~IlOCESl <br />UN1ILINSl;MANCE EXl'IRES N-2006-081 <br />I-If-(J7 CO;\JSLLTANT AGREEMENT <br />el!~KOFCOUNCII. r-n-o, <br />DATE: ,"; PR~ (')cc. llloo,p"''"') . . th <br />THIS )\C,REElvIE0I I, made and entered mto thIS 7 day of July, 2006 by and between Oeeup.1lional Services, <br />Inc., (hereinafter "Consultant"), and the City of Santa Ana, a (.;hartcr city and municipal corporation organized <br />and existing under the Constitution and laws of the State of Calilornia (hereinafter "City'} <br /> <br />RECITALS <br /> <br />ttJ A. . The City desires to retain a consultant having special skill and knowledge III the field ofmAiateflanee of <br />~f\- J{ rayeguipFr.ollt. idt:ntification nnd quantification of unknown radionuc1idcs. <br /> <br />B. Consultant represents that Consultant is nhlc and \villing to provld\.: such services to the City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knm.vletigcable in its <br />field and that any services performed by Consultant under thiS Agreement will be perf01111ed lfI compliance with <br />sLlch standards as may reasonably be expected from a professional consulting tinn in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the ternlS and <br />conditions hL:reinafter set forth, the parties agree as tollo\vs: <br /> <br />I. SCOPE OF SERVICES <br /> <br />Consultant shall identify and quantify unkown radioculides 111 a picce of x-ray equipment, loeatL:d at the Santa <br />Ana Zoo at Prentice Park, as set forth in Fxhibit A including contractor's tcnns and conditions, attaclH:d hereto <br />and incorporated by reference. <br /> <br />2. COMPENSATION <br /> <br />a. City 3,t,rrees to pay, and Consullant a.brrees to accept as total payment for its services, a flat fee of S 1500.00, <br />The total sum to be expended under thiS Agreement shall not exceed $1500.00 during the 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 />pert(lrmed, subject to City accounting procedures. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals which may reasonably bc expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and tcnninate upon rect:ipt 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 cmployer- <br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control o"'er the <br />professional manner in which Consultant performs the services which are the subject matter of this Agreement; <br />however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable <br />stand[JIds and regulations governing such services. Consultant shall pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible <br />