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SNSUi2ANCE ON FILE <br />WORK MAY PROCEED <br />UN71L INSURANCE EXPIRES N?? GL N-20'12-080 <br />81-, A? ? Pry : g 12-12i <br />CLERK OF COUNCIL <br />DATE:JUL 1 6?2 CONSULTANT AGREEMENT <br />?'_ ?ctsonr el <br />?Ti?'cNA• THIS AGREEMENT, made and entered into this 18`h day of June, 2012 by and between Tustin <br />Irvine Medical Group, a California corporation (hereinafter "Consultant"?, and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />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 />medicine to provide examination, lab work and vaccination services for employees exposed to <br />diseases through employment. <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 perform medical services, including lab and vaccination services on an as- <br />needed basis, for employees sent to Consultant by the Executive Director of Personnel Services. <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 />$20,000.00 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 set forth above and terminate on expenditure of <br />allocated funds, unless terminated earlier in accordance with Section 12, below. <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 />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are