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Qj <br />:pry <br />M <br />CUNCff- <br />-1' .1 1. 0 V 2011 <br />CONSULTANT AGREEMENT <br />A- 2011 -188 <br />THIS AGREEMENT, made and entered into this 18`h day of July, 2011 by and between <br />Townsend Public Affairs, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />government lobbying. <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 />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 perform lobbying services on behalf of the City, as set forth in Exhibit A, <br />attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $4,166 per <br />month, including expenses. The total sum to be expended under this Agreement shall not exceed $25,000 <br />during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on December 31, <br />2011, unless terminated earlier in accordance with Section 12, below. Services provided since July I, <br />2011 shall be included within the Scope of Services of this Agreement. The term of this Agreement may <br />be extended upon a writing executed by the City Manager and the City 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 />