25A - AGMT - HEALTH AND SAFETY MNMT SRVS

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CONSULTANT AGREEMENT WITH BU;IMEAU VKR —UAS NORTH AMERICA. INC THIS AGREEMENT, made and entered into this 16TH day of September, 2014 by and between Bureau Veritas North America, Inc., a Delaware Corporation, (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 in. the field of environmental health and safety program management in the workplace. B. Consultant represents that it is able and willing to provide such services to the City. 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 perform those services as set forth in its Proposal Response to RFP # 14 -024 dated May 30, 2014 as revised by its Revised Scope of Work to Provide Environmental Health and Safety (EHS) Program Management dated August 7, 2014, attached hereto as Exhibit A and incorporated into this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Section 9.3 of Consultant's proposal dated May 30, 2014, a copy of said section is attached hereto as Exhibit E and incorporated herein, The total sum to be expended under this Agreement shall not exceed $360,000.00 during the initial 2- year 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. 3. TERM This Agreement shall commence on the date first written above and terminate on September 15, 2016, unless terminated earlier in accordance with Section 12, below. The team of this Agreement may be extended by the parties for an additional one (1) year upon a writing executed by the City Manager and the City Attorney. The entire cost of the Agreement, as extended, shall not exceed $540,000,00, 25A -5