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INgU'RANCE NOT ON FILE N- 2009 -135 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: „®v CONSULTANT AGREEMENT <br />o: F,r <br />A� Ut Sa`” THIS AGREEMENT, made and entered into this �3 day of , 2009, <br />by and between Rancho Santiago Community College District on behalf of Santa Ana <br />College, a California Community College (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in instructing <br />wellness classes and providing fitness analysis for the City's Fire Department. <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 <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall instruct a Wellness class for City Police and Fire personnel, which class <br />will include a comprehensive fitness evaluation, fitness lectures and any necessary follow -up <br />lectures or workshops for students with special needs (i.e. individual fitness consultations). <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 pursuant to this <br />Agreement shall not exceed $11,000.00, annually, 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 upon <br />conclusion of program December 31, 2010. <br />SAC -09 -054 <br />4.1(2) <br />