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N-2017-113 <br />CONSULTANT AGREEMENT <br />16 <br />THIS AGREEMENT, made and entered into this;O day of 2017 by and between CPS HR <br />Consulting, a public joint powers agency (hereinafter "Consultant'), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge to perform employee <br />recruitment 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 <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 and <br />conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide recruitment services for the City as set forth in the Proposal attached hereto <br />and incorporated herein as Exhibit A, including but not limited to: attending meetings, advertising, <br />recruiting candidates, screening candidates, public records review, interviews and background cheek of <br />candidates. <br />2. COMPENSATION AND GUARANTEE <br />A. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and <br />charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed <br />$25,000.00 during the term of this Agreement. This includes $17,000 for any recruitment, plus reasonable <br />reimbursable expenses up to $8,000. <br />B. City agrees to pay progress payments to Consultant upon submittal of reasonable invoices, with <br />final payment at the end of services rendered. <br />C. 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 made, for work <br />which falls to meet the standards of performance set forth in the Recitals which may reasonably be expected <br />by City. <br />D. Consultant agrees that should the selected candidate be terminated for cause witliin the <br />first two years of employment, Consultant shall conduct the search again at no cost (with the <br />exception of expenses) to the City of Santa Ana. <br />