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INSURANCE NOT REQUIRED N-2024-337 WORK MAY PROCEED CITY CLERK DATE: OCT 0 & 2024 AGREEMENT BETWEEN SUBPAR PRODUCTIONS \ AND CITY OF SANTA ANA FOR CONTENT CREATED BY SUBPAR PRODUCTIONS ()'V(c 1 THIS AGREEMENT is made and entered into on this 7th day of August, 2024 by and between Subpar CAAtic. 6IV1 iKF roductions,("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. Consultant has special skill and knowledge in the field of photography and video editing and production. Consultant created photographs and videos ("Content") of Santa Ana Police Department activities for social media and marketing purposes.. City desires to use the Content on various social media platforms for recruitment purposes B. Consultant represents any services performed by Consultant under this Agreement will be performed in compliance with standards as may reasonably be expected from a professional in the field of photography and video editing and production. 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. LICENSE Consultant agrees to grant City a license to access,use, duplicate,post and transfer the Content as outlined in Exhibit A, including all rights outlined in Paragraph 4 below. the.This license shall be non-exclusive and the copyright shall be transferred to City. The City grants Consultatnt the same rights as set forth above to the content. COMPENSATION City and Consultant agree there will be no charge for the creation of the Content outlined in Exhibit A. 2. TERM This Agreement shall commence on the date first written above. 3. INDEPENDENT CONTRACTOR Consultant shall, at all times, be construed to be an independent Consultant 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 discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes,unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.