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INSURANCE NO'T ON FILE WORK MAY NOT, PROCEED CLERK OF COUNCIL DATE: �� v, CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this � day of October, 2012 by and between Beavens Systems Incorporated, a California 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 computer programming and technical support for the City's water production SCADA systems, 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 trader 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 respectivo promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall provide programming and configuration services required to operate the pumps and motors of the City's water delivery system, Z. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total surn to be expended under this Agreement shall not exceed $25,000 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. _ 3. TERM This Agreement shall commence on the data first written above and terminate on June 30, 2013, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the public Works Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire terra of this Agreement, be construed to be an independent contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to create an onrployer- employee relationship, a joint venture relationship, or to allow the City to exercise, discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be, N- 2012 -141