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WC required if consultant <br />has employees. <br />JUN 15 2015 <br />CLERK OF COUNCIL <br />DATE: <br />CONSULTANT AGREEMENT <br />N-2015-094 <br />(?)v Pace THIS AGREEMENT is made and entered into this 1st day of June, 2015 by and between Word Press <br />(i) Makeover, a sole ownership entity, (hereinafter "Consultant'), and the City of Santa Ana, a charter city <br />k and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />*&' RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />developing a website for recruiting applicants for the Santa Ana Police Department. <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 />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />City agrees to pay and Consultant agrees to accept as total payment for its services <br />$2,494.00. $1,247.00 is due at the start of the website development no later than thirty <br />(30) days from the date the Agreement is fully executed. The balance is due within thirty <br />(30) days of the City's written acceptance of the completed website. The Agreement <br />includes a $2,000 contingency for unanticipated expenses which can be exercised at the <br />City's sole discretion. The total amount expended under this Agreement shall not <br />exceed $4,494.00. <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 May 31, 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 />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />