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0JISURANGt ud i 1LE A-2004-002 WORK 111M FnOCEED UNiP.. iMui-ANCE EXPIRES I _ 5 CLERK OF COUNCIL CONSULTANT AGREEMENT DAIS; i -,fib -04 C, �Q THIS AGREEMENT, made and entered into this It -1 day of AW 2004 by r �L and between FAST CARRIER PICTURES, a California "S" Corporation, REGEN TE, a California 501(c) 3 non-profit public benefit corporation (hereinafter "Consultants"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of film production to develop and produce an edutainment video for Santa Ana's anti - drunk driving campaign. B. Consultant represents that Consultant 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: 1. SCOPE OF SERVICES Consultant shall develop and produce an anti drunk -driving video as set forth in City's RFQ 03-077 and Consultant's Proposal, both incorporated in this Agreement by reference, and the Scope of Services attached hereto as Exhibit A. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the milestone payments identified in Exhibit A. The total sum to be expended by City under this Agreement shall not exceed $75,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.