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N- 2009 -064 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 30th day of June, 2009 by and <br />between Patricia E. Healy, an individual (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain Consultant to serve in the capacity of Clerk of the <br />Council pending recruitment of a permanent incumbent for the position. <br />B. Consultant represents that she is able and willing to provide such services for <br />the City. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall . have the authority to perform all duties of the Clerk of the <br />Council as set forth in Santa Ana Charter section 702, including but not limited to, <br />preparing the minutes of all City Council meetings and certifying or attesting all <br />ordinances, resolutions and contracts of the City. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for her <br />services, an hourly fee of $67.14. City will provide office space, computer, telephone <br />and staff support necessary in performance of this Agreement. The total sum to be <br />expended under this Agreement shall not exceed $25,000.00 during the term of this <br />Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on July 1, 2009 and terminate at such time that <br />City has filled the Clerk of the Council position, unless terminated earlier in accordance <br />with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer - employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />