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CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of 2001 by and between Glenn Forbes, a sole proprietor (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of landscape architecture that provides assistance the City's Parks, Recreation and Community Services Agency in preparing conceptual drawings, cost estimates, grant applications, project management, and preparation of competitive grant applications. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the following: assist in preparing conceptual drawings, cost estimates, grant applications, project management, and preparation of competitive grant applications. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges. The amount to be expended under this Agreement shall be at a monthly rate of $5,000.00 not to exceed the total sum of $60,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.