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A-2016-096 <br />CONSULTANT AGREEMENT <br />4. THIS AGREEMENT is made and entered into this 2"d day of June, 2015 by and between Thomas Bystry <br />l dba Video Engineering Services, a sole proprietorship ("Consultant"), and the City of Santa Ana, a <br />rK; <br />Charter city and municipal corporation organized and existing under the Constitution and laws of the <br />'u = State of California ("City"). <br />U � ei3 u <br />i RECITALS <br />"^�•``-'e -' V cr1 lit <br />A. The City desires to retain a consultant having special skill and knowledge in the field of video <br />id <br />production for the purpose of producing city council meetings and related services. <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 />6b 5k <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 provide technical expertise for the purchase, installation and maintenance of <br />audio and video equipment in City Council Chambers, and televise City Council meetings and the <br />Mayor's annual State of the City presentation, as more specifically described in Exhibits A-C. <br />2. COMPENSATION <br />City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A-D. The total sum to be expended under this <br />Agreement shall not exceed $65,875 during each year of the Agreement, or $197,626 <br />during the entire term of this Agreement. This amount includes a contingency of up to <br />$6,800 for each year of the Agreement for services as may be performed by Consultant <br />at the sole discretion of City. <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 />�1i_:v7Pil <br />This Agreement shall commence on July 1, 2015 and expire on June 30, 2018, unless <br />terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended <br />for two (2) additional one-year terms upon a writing executed by the City Manager and the City <br />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 />