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