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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 2°d day of July, 2012 by and between The <br />Ferguson Group, L.L.C. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing government liaison services. <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 provide government liaison and lobbying services to the City, as set forth in <br />Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of Six-Thousand, <br />Two-hundred, Fifty dollars ($6,250.00) per month for time spent by Consultant in the performance of this <br />Agreement. The total amount payable under this Agreement shall not exceed Seventy-Five Thousand <br />Dollars ($75,000.00) 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. <br />3. TERM <br />This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013, unless <br />terminated earlier in accordance with Section 11, 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 <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />1 <br />25C-3