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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 5th day of May, 2008 by and between <br />Post Modern Creative, a California limited liability company (hereinafter "Consultant "), and the <br />Community Redevelopment Agency of the City of Santa Ana, a public body, corporate and <br />politic (hereinafter "Agency "). <br />RECITALS <br />A. The Agency desires to retain a consultant having special skill and lrnowledge in the field <br />of advertising to create and produce a video highlighting the City of Santa Ana. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />Agency. <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 produce a video (3 -5 minutes in length) highlighting the advantages of <br />living and working in Santa Ana ( "the Project "). Consultant will be responsible for and provide <br />all pre - production, production and post - production services (including without limitation, <br />creative sessions, location production, non - linear editorial, graphics, narration and music) <br />necessary to create the Project. Consultant will deliver the video in Digital Beta or Beta SP <br />format and four DVD's of the final product. <br />2. WARRANTIES - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform <br />this letter agreement and will perform its obligations hereunder in accordance with standards and <br />practices prevailing in the industry. Consultant's contribution to the Project, including works to <br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. Consultant's performance hereunder, including all <br />suggestions, ideas or other contributions to the Project, and the resulting works, including <br />without limitation videotape masters and all copies thereof, that result from the Project, shall be <br />deemed "works made for hire" as defined in the United States Copyright Act, and Agency will <br />be deemed, as to the creation of such work, the sole and exclusive author thereof. To the extent <br />that any portion of the works from the Project is determined not to be a "work made for hire ", <br />then Consultant hereby assigns and transfers to Agency all worldwide right, title and interest in <br />3-73 <br />