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INSURANCE B91 ON FILE N-2017.183 WORK MAY 01 PROCEED CLERK OF COUNCIL AGREEMENT FOR RACE TIMING SERVICES DATE FOR (DOWNTOWN 5K RUN EVENT (2017) W10. z0i� THIS AGREEMENT is made and entered into this 16`" day of August, 2017 by and between Race Central ("Contractor"), 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 Contractor having special skill and knowledge in the field of race timing services to provide such services for the City's Downtown Santa Ana (DTSA) 5K Run event to be held in the City on October 21, 2107 ("Event"). B. Contractor represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is lrnowledgeable in its held and that any services performed by Contractor tinder 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: SCOPE OF SERVICES Contractor shall perform those services for the Event as set forth in Exhibit A to this Agreement. Contractor's proposal is incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor 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 $7,246.73 during the term of this Agreement. This amount is comprised of (1) the sum of $6,301.50 and. (2) a 15% contingency of up to $945.23 for additional services as may be performed by Contractor at the sole direction of the City. b. Payment by City shall be made within thirty days (30) 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 commence on the date stated above and continue through October 31, 20 t7, unless terminated earlier in accordance with Section 13, below. A. INDEPENDENT CONTRACTOR Contractor 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