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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INS RANGE EXPIRES <br />CLERK OF COUNCIL <br />l� <br />CONSULTANT A <br />THIS AGREEMENT, made and entered into this 16TH day of September, 2014 by and between <br />Bureau Veritas North America, Inc., a Delaware Corporation, (hereinafter "Consultant "), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />taws of the State of California (hereinafter "City "). <br />A- 2014 -298 <br />i <br />A. The City desires to retain.ta consultant having special skill and knowledge in the field of <br />environmental health and safety program management in the workplace. <br />w y <br />B. Consultant represents that it 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 />I. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in its Proposal Response to REP # 14 -024 <br />dated May 30, 2014 as revised by its Revised Scope of Work to Provide Environmental Health and Safety <br />(EHS) Program Management dated August 7, 2014, attached hereto as Exhibit A and incorporated into <br />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 Section 11.3 of Consultant's proposal dated May 30, 2014, a copy of said section <br />is attached hereto as Exhibit B and incorporated herein. The total sum to be expended under this <br />Agreement shall not exceed $360,000.00 during the initial 2- year 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. 'PERM <br />This Agreement shall commence on the date first written above and terminate on September 15, <br />2016, . unless terminated earlier in accordance with Section 12, below. The term of this Agreement may <br />be extended by the parties for an additional one (1) year upon a writing executed by the City Manager and <br />the City Attorney. The entire cost of the Agreement, as extended, shall not exceed $540,000.00. <br />