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INSURANCE NOT ON FILE <br />WORK MAY NIT PROCEED <br />CLERK O U�I�IL <br />DATE, <br />CONSULTANT AGREEMENT <br />CITY OF SANTA ANA <br />y i � <br />TI-I1S AGREEMENT is made and entered into this I" day of March, 2016 by and betweenTransportation <br />Studies, Lnc., a California Corporation, (hereinafter "Consultant"), and the City of Santa Ana, Ea charter city <br />and nnunicipal corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special shill and knowledge in the field of traffic <br />counting services. <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 knowledgeable <br />in its field and that any services performed by Consultant under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />NONA/ 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 those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its .services, the <br />rates and charges identified in Exhibit S. The total sum to be expended under this <br />Agreement shall not exceed $50,000 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 <br />made for work which fails to meet the standards of performance set forth in the Recitals <br />and Scope of Work, which may reasonably be expected by City, <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on February 28, <br />2017, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may <br />be extended upon a writing execrated by the City Manager and the City Attorney. <br />4, INDEPENDENT CONTRACTOR <br />Consultant shall, during [lie entire term ofthis Agreement, be construed to be an independent <br />contractor and not art 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 />