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<br />, ,,~<I\RJ.\i~J" i.....II \J;~ rI~E <br />, <br />.wORK MAY NOT PROCEED <br />( ~ -1-,' OctERK OF COUNCIL <br />F/~ATE: 1/fA1..- CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this j ~ day of ~ ~ , 2002 by <br />and between Advantage Fitness Products, (hereinafter "Consultant"), and the ~nta Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California (hereinafter "City"). <br /> <br />N_2002-062 <br /> <br />""" <br /> <br />~ <br /> <br />--- <br /> <br />- -6 3 <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />maintaining and repairing fitness equipment. <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 performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. 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 performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on July 1, 2002 and terminate on June 30, 20~, unless <br />terminated earlier in accordance with Section 12, below. The term of this Agreement may be <br />extended upon a writing executed by the Fire Chief and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />1 <br />