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INSURANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL DATE. 10- 7 5-O'1 CONSULTANT AGREEMENT O: Firs Dept. (2~ THIS AGREEMENT, made and entered into this 15 day of September, 2007, by and between MIKE HANDMAN (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge necessary for training fire employees in hazardous materials chemistry. B. Consultant represents that Consultant is able and willing to provide such services to the City. N-2007-123 C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services 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. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide an eight hour review of hazardous materials chemistry to satisfy the required OSHA annual health and safety training for Hazardous Materials Technicians/Specialists in the Santa Ana Fire Department. The refresher course will be provided during each of the three (3) eight hour shifts. Consultant shall provide City with a master copy of the handouts and a CD with his Power Point presentation, for duplication for each student. Each session of the training can accommodate up to thirty (30) students. The training will take place at City facilities on a schedule mutually agreed between City and Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a fixed rate of $100.00 per training hour for a total of $3,200.00, plus miscellaneous expenses. The total compensation to be paid pursuant to this Agreement shall not exceed $4100.00 during the term of this Agreement. b. 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.