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INSURANCE NOT ON FILE WORK MAY NOT PROCEED A-2023-049 CLERK OF COUNCIL DATE: AGREEMENT WITH MERRITT STUDIO TO PROVIDE DESIGN SERVICES e-:p�Zcs�Ul (Cc,,(, L THIS AGREEMENT is made and entered into on this 4' day of April, 2023 by and between Merritt Studio, LLC, a California limited liability company ("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 ("City"). --i \, RECITALS A. On November 17, 2022, the City issued Request for Proposal ("RFP") No. 22-164, by which it sought a qualified consultant having special skill and knowledge in the field of design, layout, and translation services to provide the City an activity guide to distribute via print and digital format in different languages. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 22-164. 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, during the term of this Agreement, the graphic designs of up to four (4) City publications per year, including content translated into other languages at the sole discretion of the City as well as the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services further described in the scope of work that was included in RFP No. 22-164, which is attached as Exhibit A and incorporated in full, and as further delineated in the Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit C. The total amount to be expended during the term of this Agreement, including any extension periods, shall not exceed One Hundred, Forty -Five Thousand Dollars and Zero Cents ($145,000.00). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. c. Payment need not be made for work which fails to meet the standards of performance Page 1 of 9