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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK 0 (F CC )UNCIL <br />oarF: APR 8 <br />0 : P ROS C z) 2008 <br />DCnnc1 S, <br />CONSULTANT AGREEMENT <br />N-2008-038 <br />THIS AGREEMENT made and entered into this 24th of March, 2008 by and between <br />U.S. NATIONAL BADMINTON FOUNDATION, anon-profit public benefit corporation <br />(hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter <br />« ,~ <br />-ty ). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in badminton, <br />to provide instruction to children through the City's Leisure Class Program. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 />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 />1. SCOPE OF SERVICES <br />Consultant shall provide badminton instruction as set forth in Exhibit A to this <br />Agreement. <br />2. COMPENSATION <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 ofthis Agreement. <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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2008, unless terminated. earlier in accordance with Section 12, below. The term of <br />