25E - AGMT - VIDEO PRODUCTION SRVS

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CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 7s' day of January, 2014 by and between Video Engineering Services, a sole proprietorship (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing 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 video production and cable /video equipment maintenance and use. B. Consultant represents that it is able and willing to provide such services to the City. C. hi 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 technical expertise for the purchase, installation and maintenance of audio and video equipment in City Council Chambers, and televise City Council meetings and the Mayor's annual State of the City presentation, as set forth in Exhibits A, B, C and D, 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, the rates and charges identified in Exhibit D. The total sum to be expended under this Agreement shall not exceed $56,045.00, during the term of this Agreement. b. 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. 3. TERM This services provided pursuant to this Agreement shall commence on February 1, 2014 and terminate on January 31, 2015, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to 25E -3