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AGREEMENT <br />THIS AGREEMENT, made and entered into this 14`h day of November, 2008 by and <br />between Joe Saragosa, dba Creations of Art (hereinafter "Contractor"), and the Community <br />Redevelopment Agency of the City of Santa Ana, a public body, corporate and politic <br />(hereinafter "Agency"). <br />RECITALS <br />A. The Agency desires to retain a contractor to provide holiday window painting for the <br />downtown Santa Ana windows. <br />B. Contractor represents that he is able and willing to provide such services to the Agency. <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 />Contractor will provide "Santa Claus is Coming Downtown" holiday themed window <br />painting at approximately 200 participating businesses in the Santa Ana BID. Contractor will <br />use weather resistant painting materials and supplies, in holiday colors of red, green, yellow & <br />white. Contractor shall commence the window painting project on November 19, 2008 and <br />complete all windows by December 1, 2008. Said paintings are expected to remain in good <br />condition until removed by Contractor no later than January 5, 2009. <br />2. COMPENSATION <br />a. Agency agrees to pay, and Contractor agrees to accept as total payment for his <br />services, a fee of two thousand, five hundred dollars ($2,500.00). Additionally, the Agency will <br />pay for commercial general liability insurance required pursuant to this Agreement. <br />b. Payment by City shall be made within thirty (30) days following completion of the <br />painting project. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 3Q <br />2009, unless terminated earlier in accordance with Section 11, below. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the Agency. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the Agency to exercise discretion or control over the professional manner in which <br />EXHIBIT q'.: <br />