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[1V;~li;;HP~dCE GN FIUE N-2010-036 ~''~~Ri i4iAY PROCEED ~i'~~~~_ INSURANCE EXPIRES _ ~- /6-/Q ~lLERK OF COUNCIL CONSULTANT AGREEMENT ~,ArE; ~/-o29-ip O ; C,~Ac~F~Z THIS AGREEMENT, made and entered into this day of~~ 2010 by and Ka~eh between Post Modern Creative, a California corporation, (hereinafter "Consultant"), and the City (~~,~p of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of video production 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: 1. SCOPE OF SERVICES Consultant shall provide video film production services for the Empowerment Zone as set forth on Exhibit A, attached hereto and incorporated herein. The final video shall be delivered to the City on or before May 7, 2010. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $ 25,000.00 during the term of this Agreement. b. City agrees to pay 50% of the compensation to Consultant upon execution of this Agreement to cover script development, pre-production meetings, location scouting and location shoot. c. Payment by City shall be made within thirty (30) days following 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.