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wURANGE ON FILE <br />VV RK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />L-LERK OF COUNCIL <br />PATE, IOWA <br />CONSULTANT AGREEMENT <br />CITY OF SAN'TA ANA <br />N-2017-055 <br />0 .. yV HIS AGREEMENT is made and entered into this 4"' clay of April, 2017 by and between ProActive <br />Consulting Group,1,LC ("Consultant") and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing; under the Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. The City desires to retain a consultant to assess its diesel emergency generators for complianQe <br />with rules and regulations promulgated by the South Coast Asir Quality Management District and <br />the California Air Resources Board. <br />B. Consultant represents that it is male 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 ender this Agreement will be performcd <br />its compliance with such standards as may reasonably be expected from a professional consulting <br />fin in the field. <br />'NOW THEREFORE, RE, in consideration of the m-utual and respective; promises, and subject to the terms <br />and conditions hereinafter: set forth, the parties agree as follows: <br />L SCOPE E F SERVICES <br />Consultant shall perform these services described in Exhibit A to this .Agreement. <br />a. City agrees to pay and Consultant agrees to accept as payment for its services the sum of <br />$3,500. The total sure to be expended cinder this Agreement shall not exceed $5,000, This <br />amount includes (1) the base fee of $3,500 and (2) a contingency of up to $1,500 for <br />additional services to be performed by Consultant at the sole discretion of City. <br />b, Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice; evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work that fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City, <br />3. TERM <br />This Agreeniont shall commence on the dato stated above and continue through April. 3, 2018, <br />unless terminated earlier in accordance with Section 14. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire teirn of this Agreement, be construed to be an independent <br />contractor and not aj:a. employce of the City. This Agreement is not intended nor shall it be construed try <br />create an employer-w ployce 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 the <br />