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INSURAi~Cc fiOT ~=~UiRED 440RR MAY PROCEED CLERK OF COUNCIL DATE: 3-a -oar O: iivA (~~ CONSULTANT AC,REEMENT ~2v r~ ES~e~s THIS AGREEMENT, made and entered into this 12`h day of December, 2008 by and between Latino Marketing & Advertising (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly authorized 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 brokering radio advertising services. 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: I. SCOPE OF SERVICES Consultant shall produce and schedule radio advertisements and purchase radio spots for the 2008 winter holiday events occurring in downtown Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept, as total payment for its services, a flat fee of $8500.00, as set forth in Exhibit A, b. Payment by City shall be made within thirty (30) days following the airing of the ad and 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. 3. TERM N-2008-168 This Agreement shall commence on the date first written above and terminate on June 3Q 2009, unless terminated earlier in accordance with Section 12, below.