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INSURANCE ON FILE <br />;Okn MAY PROCEED <br />ONI iL INSURANCE EXPIRES <br />CLERK CF COUNCIL <br />DATE: 10-31 -Oe <br />a VaIks n �eC- (.�� <br />CONSULTANT AGREEMENT <br />CQ.r �wZ1 0 �k rs THIS AGREEMENT made and entered into this 21" day of October, 2008 by <br />and between Playball Mania, Inc., a California corporation (hereinafter "Consultant "), <br />and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />N- 2008 -142 <br />A. The City desires to retain a consultant having special skill and knowledge in the <br />field of fine and gross motor development, to provide sports instruction to young <br />children in the City's leisure class program. <br />B. Consultant represents that Consultant is able and willing to provide such services <br />to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it <br />is knowledgeable in its field and that any services performed by Consultant <br />under this Agreement will be performed in compliance with such standards as <br />may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide sports instruction classes to young children as set forth in <br />Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $10,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals 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, 2009, unless terminated earlier in accordance with Section 12, below. The <br />