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Fk4"'lifll°UE 00 FRE <br />VVURtt WAAY PROCEED) N -2015 -044 <br />uN1'jt.INSURAlwC;,E EXHRES <br />4-30- _0 <br />CLERK OF COUNCIL <br />DATE; )ry�A /�P(��tt}�$2�� CONSULTANT AGREEMENT <br />11Y1Q1 / Ids" " <br />a ' THIS AGREEMENT, made and entered into this 16rr' day of March, 2015 by and between <br />Cow Pelletier & Associates, 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 />ergonomic evaluations and assessments. <br />E, 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 />1. SCOPE OF SERVICES <br />Consultant shall perform ergonomic evaluations and assessments on an as- needed basis upon the <br />request of the Executive Director of Personnel Services or bis /her designee, as set forth in Exhibit A to <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 Exhibit "N' through December 31, 2016. Prior to December 31, 2016, the <br />Parties agree to negotiate and may agree upon a modification to the rates and charges to be effective <br />January 1, 2017. If the Parties cannot mutually agree as to any modification of the rates and charges the <br />City may terminate this Agreement in accordance with Section 12, below. Notwithstanding any potential <br />agreed upon modification to the rates and charges effective January 1, 2017, the total sum to be expended <br />under this Agreement shall not exceed $15,000 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, 2018, . <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by City Manager and the City Attorney. <br />