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agrees and understands that no changes to this pay rate shall be made during the term of this <br /> Agreement and that monthly billing pursuant to this Agreement, shall not exceed a total sum <br /> of five thousand dollars ($5,000.00) per month. The total sum to be expended under this <br /> Agreement shall not exceed forty thousand dollars ($40,000.00) during the term of this <br /> Agreement. <br /> b. City shall recognize and compensate Consultant for any services provided beginning April 1, <br /> 2024. <br /> c. 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 /> d. Consultant shall submit monthly invoices to City for work performed during the billing period. <br /> Payment by City shall be made within thirty (30) 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 July 2,2024 and terminate on June 30,2025,unless terminated <br /> earlier in accordance with Section 19, 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 /> a. Consultant is prohibited from the following political campaign activities while this <br /> Agreement is in place: <br /> 1) Acting as campaign treasurer/manager or a campaign consultant for any candidate <br /> for Santa Ana City Council or Mayor; <br /> 2) Campaigning for any candidate for Santa Ana City Council or Mayor and at the <br /> same time,working pursuant to this agreement and/or charging the City for the time <br /> spent campaigning pursuant to this agreement; <br /> Page 2of12 <br />