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J / 9/ 1� i 1 December 14, 2015 Peter O'Toole LLC 3314 R Street NW' Washington, DC 20007 Re: Writing Services Dear Peter O'Toole: INSURANCE ON PILE M'ORK MAY PROCEEQ5 - , UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE; DEC 1 6 2015 N- 2015 -184 This letter shall be our Agreement regarding the provision of Writing Services ( "Services') to be provided by Peter O'Toole LLC ( "Consultant"), as an independent contractor to the City of Santa Ana, City Manager's Office ("City') for the City of Santa Ana Story ( "Project"). The tern of this Agreement shall be from December 1, 2015 to January 31, 2016. Consultant shall perform all Services under this Letter of Agreement in a skilhM and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Califomia, and consistent with all applicable laws, rules and regulations. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. City retains Consultant as an independent contractor and not as an employee. All additional personnel performing the Services shall also not be City employees and at all times shall be under the exclusive control and direction Of Consultant. Compensation for the Services shall be based on the actual amount of time spent in adequately performing the Services, and shall be billed at the rate(s) described in Consultant's Proposal, attached as Exhibit A. However, unless expressly agreed in writing in advance by the City, the cost to the City for the Services shall not exceed $5,000. Consultant shall provide proof of commercial general liability, automobile insurance, workers compensation and errors and omissions professional liability insurance appropriate to its profession to the City in amounts and with policies, endorsements and conditions required by the City for the Services, if any. Invoices shall be submitted to the City monthly as performance of the Services progresses. Consultant shall provide, at City's request, documentation of all charges contained in any invoice(s). City shall review and pay the approved charges on such invoices in a timely manner. Services on the Project are requested on a rush basis and shall be completed as soon as possible. The City may terminate this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate this Letter of Agreement without cause before Project completion, Consultant shall be paid in full for those Services completed to the City's satisfaction prior to the notification of termination. Consultant may terminate this Letter of Agreement for cause only, following a minimum of ten (10) days