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INSURANCE 011 FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRE <br />CLERK OF COUNCIL ®_ <br />y DATE: <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 7"' day of January, 2014 by and <br />between Video Engineering Services, a sole proprietorship (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hercinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />video production and cable./video equipment maintenance and use. <br />B. 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 <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide technical expertise for the purchase, installation and <br />maintenance of audio and video equipment in City Council Chambers, and televise City Council <br />meetings and the Mayor's annual State of the City presentation, as set forth in Exhibits A, B, C <br />and D, attached hereto and incorporated by this reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit D. The total smrr to be expended under this Agreement <br />shall not exceed $56,045.00, during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. TERM <br />This services provided pursuant to this Agreement shall commence on February 1, 2014 <br />and terminate on January 31, 2015, unless terminated earlier in accordance with Section 12, <br />below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be an independent contractor <br />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 <br />A-2414-013 <br />