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INSURANCE ON FILE N-2015 -047 <br />WORK MAY PROCEE0 <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />0 ` <br />CIA t' U� nm CONSULTANT AGREEMENT <br />THIS AGREEMENT is made and entered into this 15`" day of April 2015, by and between MOB Media <br />Inc., a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />advertising and marketing. <br />B. Consultant represents that Consultant is able and willing to provide such services to the 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm In the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in its response to the Request for <br />Qualifications dated March 27, 2015, attached hereto and incorporated herein as Exhibit A to this <br />Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit B, the "City of Santa Ana Commercial Business <br />Corridor Economic Profiles Scope of Work ", The total sum to be expended under this <br />Agreement shall not exceed $25,000.00 during the term of this Agreement, <br />b. Payment by City shall be made within forty -five {45} days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth in <br />the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on April 15, 2016, <br />unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be <br />extended upon a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />