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<br />INStiRI '. I. eil FiLL <br />V,.'ORl\ i',:\\ PF/OCEED <br />;!f'~ i:: d',,;)Ji~f~:\r~E EXPIRE8 <br />9- n-oW <br />CLEF~'- Dr .sour~~-'---~-' <br />ijA.Tf 5 -lip - D(P <br /> <br />N-2006-037 <br /> <br />CONSULTANT AGREEMENT <br /> <br />o:ttl~ c.<.) <br />C-r,.rw-I1J/JJD) <br /> <br />THIS AGREEMENT made and entered into this ~ day of ,2006 by <br />and between Display City, Inc., a California corporation (hereinafter "Consultant' and the City <br />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 the field <br />tree lighting maintenance. <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 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. SCOPE OF SERVICES <br /> <br />Consultant shall provide maintenance for the tree lights hung at Second Street Mall, as <br />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 $4,000.00 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 the date first written above and terminate on <br />December 31, 2006, unless terminated 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 the <br />Community Development Agency and the City Attorney. <br /> <br />. <br />