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U <br />a <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />DATE: 7 COU / <br />E /* <br />CONSULTANT AGREEMENT <br />A- 2016 -163 <br />THIS AGREEMENT is made and entered into this 21st day of June 2016 by and between Dick Cook <br />Insurance Services, a sole proprietorship, (hereinafter "Consultant "), California insurance broker license <br />#0567783 and the City of Santa Ana, a charter city and municipal corporation organized and existing <br />under the Constitution and laws of the State 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 />insurance products, and related services in conjunction with the dental benefits provided to the <br />City's eligible employees. <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 <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 />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City and Consultant agree that City shall not pay any compensation to Consultant under <br />this Agreement. All compensation to Consultant shall be directly paid by the insurance carriers to the <br />Consultant according to the commission arrangements. <br />b. Consultant agrees to accept current commission agreements in place with the insurance <br />carriers and notify the City of any change in commission structure. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2018, unless terminated earlier in accordance with Section 15, below. The City may extend the term <br />for one (1) additional three -year period upon the exercise of an option executed in writing by the City <br />Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an 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 />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance <br />and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />