25C - AGMT - VIDEO ENGINEERING SRVS

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CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 2 "d day of June, 2015 by and between Thomas Bystry dba Video Engineering Services, a sole proprietorship ( "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 ( "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of video production for the purpose of producing city council meetings and related 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: 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 more specifically described in Exhibits A -C. 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 -D. The total sum to be expended under this Agreement shall not exceed $65,875 during each year of the Agreement, or $197,625 during the entire term of this Agreement. This amount includes a contingency of up to $6,800 for each year of the Agreement for services as may be performed by Consultant at the sole discretion of City. b. Payment by City shall be made within forty -five (45) 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 Agreement shall commence on July 1, 2015 and expire on June 30, 2018, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended for two (2) additional one -year terms upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to 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 exercise 25C -3