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<br />.'INSURANCE. HiE ùN:',1..~ <br />WORK MAY NOT PROCH\) <br />CLERK OF COUNCIL <br />DATE: 6" -' 11-04 <br /> <br />N-2004-044 <br /> <br />C.fJW <br />(j... w~ <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT made and entered into this 2- ,pJ day of ~ ,2004 by <br />and between Tom Brown, an individual (hereinafter "Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 teaching oil <br />painting classes. <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 />tenns and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perfonn those services 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 tenn of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work perfonned, 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 tenn 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 />