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25I - AGMT - GRANT SRVS
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25I - AGMT - GRANT SRVS
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8/11/2016 4:46:33 PM
Creation date
8/11/2016 3:58:58 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25I
Date
8/16/2016
Destruction Year
2021
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2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />an hourly rate as noted in the Cost Price Proposal — Exhibit B incorporated herein by reference. <br />Additionally, Consultant shall be reimbursed for training, travel and materials which have been <br />pre - approved, in writing, by City. The total amount of services under this Agreement shall be <br />$132,020 plus $2,950 for a contingency if additional services are required that were not <br />contemplated at the time of this Agreement. Use of the contingency funds is at the City's sole <br />discretion. The total sum that can be expended under this Agreement shall not exceed $135,000. <br />Funding for this Agreement is contingent upon grant funding. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. USE AND OWNERSHIP OF DOCUMENTS <br />It is understood by and agreed to between the parties that all written papers or materials <br />prepared pursuant to this Agreement, paid for with Grant funds, or composed utilizing information <br />provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana <br />upon completion of the services hereunder. <br />This Agreement shall commence on September 1, 2016 and terminate on August 31, <br />2017 unless terminated pursuant to Section 13 below. The Agreement shall have one (1) one <br />year extension exercisable at the City's option. This Agreement is contingent upon grant <br />funding being secured by the City. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be art <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer - employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />251 -4 <br />
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