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N-2009-031 <br />LUo <br />LL- w --J <br />z CONSULTANT AGREEMENT <br />cam.. O <br />THIS AGREEMENT, made and entered into this 251h day of March, 2009 by and <br />U— <br />:7— between FRESHI FILMS, a California corporation (hereinafter "Consultant"), and the City of <br />Q 6i Santa Ana, a charter city and municipal corporation organized and existing under the <br />�'J � Constitution of the State of California (hereinafter "City"). <br />00 O U <br />RECITALS <br />'fl rj <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />film making to provide instruction for the City's leisure class program. <br />a� <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />`a <br />City. <br />43 <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 />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 instruct a class in film making, including voice over, digital photography, <br />Stop Motion Animation, and Game Design technology, for the City's leisure class program, as set <br />forth in Exhibit A to this 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 of this 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 June 30, <br />2010, unless terminated earlier in accordance with Section 12, below. The term of this <br />