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WC required if consultant <br />has employees. <br />.~_. <br />CLERK Ofi COUNCIL ;~' <br />DATE, t> - ii - < ~ __ , . , <br />CONSULTANT AGREEMENT <br />N-2009-105 <br />THIS AGREEMENT, made and entered into this 7`I' day of August, 2009 by and between <br />Eliot Lane Communications Studio, a sole proprietorship (hereinafter "Consultant"), and the City <br />of Santa Ana, a charter city and municipal corporation, organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"}. <br />RECITALS <br />A. The City desires to retain a consulta<rt having special skill and knowledge in the field of <br />advertising and graphic design. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <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 perfornl design and production services to develop marketing materials <br />for the City's Housing Development Division, as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges set forth in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $4,800.00 during the tern of this Agreement. <br />b. Payment by City s11a11 be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need. not <br />be made for work which fails to meet the standards of performalice set forth in the Recitals <br />which may reasonably be expected. by City. <br />3. WORK FOR HIRE <br />Consultant acknowledges that the Work is a "Work for Hire" as that term is used in the <br />Federal Copyright Act. Consultant authorizes City, in its sole discretion, to make any editorial <br />changes, additions, deletions, abridgment and condensation whatsoever to the Work, and is <br />further authorized. to title, sub-title and change the title of the Work, and to couple the Work with <br />