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INSURANCE NOT ON FILE WORK MAY NOT PROCEED N- 2012 -077 CLERK OF COUNCIL DATE: / - / -/ Z SERVICES AGREEMENT N \ m HIS AGREEMENT made and entered into this I" day of July, 2012 by and between (/l�r ►�UY�}�� (hereinafter "Producer "), and the City of Santa Ana, a charter city and municipal NC.-, corporation organized and existing under the Constitution and laws of the State of California (hereinafter 0 > "City "). N RECITALS O A. The City desires to retain a service Producer having special skill and knowledge in the field of production of film festivals. B. Producer represents that Producer is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Producer represents that it is knowledgeable in its field and that any serv ices performed by Producer under this Agreement will be performed in compliance with such standards as may reasonably be expected. N O W T H E R E F O R E, 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 Producer shall serve as Director /PR Services for the 2012 Fiestas Patrias Film Fiesta (hereinafter "Fiesta ") in Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this reference. Producer will be responsible for programming, production, publicity, personnel, sponsor relations, and event management. 2. COMPENSATION a. Producer shall be solely responsible for all costs associated with the Fiesta. However, the City will contribute $7,000.00 to Producer to help defray those costs. b. Payment by City shall be made in three installments with the first payment of $2,333 to be paid on July 2, 2012 upon verification of completion of all benchmarks as defined in the approved timeline up to that date. The second payment of $2,333 to be paid on August 3, 2012 upon verification of completion of all benchmarks as defined in the approved timeline up to that date. The third payment of $2,334 to be paid on October 15, 2012 upon verification of completion of all benchmarks as defined in the approved timeline up to that date. c. Producer shall submit an invoice to PRCSA ten (10) days prior to each payment due date detailing the work accomplished and the benchmarks met. 3. TERM This Agreement shall commence on the date set forth above and terminate on December 3 1, 2012, unless terminated earlier in accordance with Section 12, below. 4. COPYRIGHT COMPLIANCE Producer will obtain all necessary approvals required to publicly perform the films and music which will be introduced during the Fiesta events. Producer will defend, indemnify and save harmless City, its officers, employees, agents and volunteers, against any and all damages from any and all claims, demands, suits, actions or proceedings of any kind or nature, including violations of federal copyright