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(:\.'• I-7vt: ON FILL NSURANCr EXPIRES —0K OF COUNCIL CONSULTANT AGREEMENT N-2017-025 O; p)(VA [)AI .., WR 17 20 CITE' OF SANTA ANA 6*c1c 1 • THIS AGREEMENT is made and entered into this 14th day of March, 2017 by and between MVR Consulting ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant to create a Timesheet Keeper Access Database for the City's Public Works Agency and update the existing database for requests for service. S. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: l.. SCOPE OF SERVICES Consultant shall furnish the services that are described in E xhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A, The total sum to be expended under this Agreement shall not exceed $13,975. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall coixunence on the date stated above and continue through September 30, 2017, unless tenninated earlier in accordance with Section 14, below. The term of the Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional maimer in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be