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<br />., INSURANCE riOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: 5 -)0 -04 <br /> <br />(,:PW <br />[L.GaI-.M) <br /> <br />N-2004-046 <br /> <br />CONSULTANT AGREEMENT <br /> <br />~ <br /> <br />THIS AGREEMENT made and entered into this 5-#\ day of Iv{ , 2004 by <br />and between Glacial Garden Ice Arena, a sole proprietorship (hereinafter "Con ltant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in ice skating <br />instruction. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the perfonnance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services perfonned by Consultant under this <br />Agreement will be perfonned in compliance with such standards as may reasonably be <br />expected from a professional consulting finn in the field. <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall ice skating instruction as set forth in Exhibit A to this Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $10,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of perfonnance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and tenninate on <br />December 31,2004, unless tenninated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation and Community Services and the City Attorney. <br />