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<br />. <br />INSURANCE VI~ riLl <br />WORi\ W,y rROCEED <br />UNTIL INSURANCE EXPIRES <br />-""7_1-05 <br />CW:K OF COUNCil <br />DATE, a~lh-05 <br /> <br />A-2005-050 <br /> <br />CONSULTANT AGREEMENT <br /> <br />(} tCl1U) <br />(ft~~ <br /> <br />THIS AGREEMENT made and entered into this 1st day of March, 2005 by and between <br />Waters & Faubel, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, <br />a charter city and municipal corporation organized and existing under the Constitution and laws <br />of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />media relations and consulting services. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall provide public affairs and media relations consultant services related to <br />the City's efforts to ensure the Fourth District Court of Appeals remains in Santa Ana. <br /> <br />2. COMPENSATION <br /> <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 A. City shall pay to Consultant, in advance, a monthly <br />retainer of $5,000.00, to cover the costs of all services performed by Consultant. City shall <br />reimburse Consultant for necessary and reasonable costs and expenses incurred on its behalf in <br />connection with services provided hereunder. Consultant shall not charge for local telephone, <br />mileage or incidental postage. <br /> <br />b. Consultant, with City's prior approval, may hire, retain, or subcontract such media <br />production houses, research consultants and other professional firms as may be required. The <br />costs and fees for such services shall be approved in advance by City, and will be assessed a 15% <br />commission to Consultant. <br /> <br />c. The total sum to be expended under this Agreement shall not exceed $10,000.00 <br />during the term of this Agreement. <br />