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' N-2009-096 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />ia' ~~ - ~ 9 CONSULTANT AGREEMENT <br />CLERK OF COUNCIL <br />DATE: ~_ <br />~: F',r~C2~~~ THIS AGREEMENT, made and entered into this 10th day of July, 2009 by and between Westcliff <br />8.11 Wc~ov~ <br />Medical Laboratories, Inc., a California corporation (hereinafter "Consultant"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />phlebotomy, to draw and test blood samples as part of regular medical exams. <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide phlebotomy services including drawing and testing blood samples as <br />part of regular medical exams for Police and Fire personnel, as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$24,000.00, annually, during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, 2010, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the Fire Chief and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />