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the hourly pay rate of for services rendered pursuant to this Agreement. <br />Consultant agrees and understands that no changes to this pay rate shall be made during the <br />term of this Agreement. The total sum to be expended under this Agreement shall not exceed <br />b. Consultant agrees and understands that the not -to -exceed amount, provided above, includes <br />reimbursement for all out-of-pocket expenses, including but not limited to, mileage, copying <br />costs, and mail services authorized at the sole direction of the Councilmember in connection with <br />the performance of duties under this Agreement. The City shall not make any separate payments <br />for any of the above expenses. <br />c. Consultant shall submit monthly invoices to City for work performed during the billing period. <br />Payment by City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Monthly invoices shall be <br />in substantially the form attached hereto as Exhibit "A." <br />3. TERM <br />This Agreement shall commence on [enter a Start Date or "the date first written above"] for a <br />number (#) year term with the option for the City to grant up to a number (#)-year renewals, exercisable <br />by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with <br />Section 15, 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 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 provided <br />in a manner consistent with all applicable standards and regulations governing such services. Consultant <br />shall pay all salaries and wages, benefits, employer's social security taxes, unemployment insurance, and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />5. POLITICAL CAMPAIGN ACTIVITIES <br />Consultant is prohibited from the following political campaign activities while this Agreement is <br />in place: <br />a) Acting as campaign treasurer/manager or having any other official campaign <br />position for any candidate for Santa Ana City Council or Mayor; <br />b) Campaigning for any candidate for Santa Ana City Council or Mayor at the same <br />time as Consultant is performing work for the City pursuant to this Agreement; <br />c) Using City equipment, supplies or resources to campaign for any candidate for <br />Santa Ana City Council or Mayor; <br />d) Accepting any campaign contributions on behalf of any candidate for Santa Ana <br />Page 2 of 10 <br />