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N-2016-080 <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />U N114 INSURANCE EXPIRES <br />CLERK of ouN li <br />LE L=� s IL <br />DATE: 4AW 10 2016 CONSULTANT AGREEMENT WiTH BRANDASTIC, INC. <br />FOR INTERNSHIP AND JOB WEB PORTAL <br />O.PRCS( ) <br />Silvia Cuevas THIS AGREEMENT Is made and entered into this Igt day of June, 2016 by and between <br />Brandastic, Inc, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"), <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of website <br />design and brand development. <br />Consultant represents that it 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 described In the statement of work that is attached as <br />Exhibit A to this 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 A. The total sum to be expended under this <br />Agreement shall not exceed $19,880. <br />b. Payment by City shall be made in accordance with the schedule appearing in Exhibit A <br />following receipt of invoice, subject to City accounting procedures. Payment need not be <br />made for work that fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date stated above and continue through October 31, <br />2016, unless terminated earlier in accordance with Section 14 below. <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 exorcise <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 />Pagel of 8 <br />