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<br /> <br /> <br /> <br /> <br /> <br /> CONSULTANT AGREEMENT <br /> <br /> THIS AGREEMENT made and entered into this 1" day of April, 2013 by and between Holland <br /> & Knight, LLP (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal <br /> corporation organized and existing under the Constitution and laws of the State of California (hereinafter <br /> "City"). <br /> <br /> RECITALS <br /> <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 /> <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 /> <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 /> <br /> Consultant shall provide government liaison and lobbying services to the City, as set forth in <br /> Consultant's Proposal dated December 12, 2012, attached as Exhibit A to this Agreement and <br /> incorporated by reference. <br /> <br /> 2. COMPENSATION <br /> <br /> a. City agrees to pay, and Consultant agrees to accept, compensation at the rate of seven- <br /> thousand dollars ($7,000.00) per month for time spent by Consultant in the performance of this <br /> Agreement and out of pocket expenses. The total amount payable under this Agreement shall not exceed <br /> eighty-four thousand dollars ($84,000.00), annually, during the term of this Agreement. <br /> b. Payment by City shall be made within thirty (30) days following receipt of monthly invoice, <br /> subject to City accounting procedures. <br /> <br /> 3. TERM <br /> <br /> This Agreement shall commence on April 1, 2013 and terminate on June 30, 2014, unless <br /> terminated earlier in accordance with Section 11, below. <br /> 4. INDEPENDENT CONTRACTOR <br /> <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 /> <br /> 1 <br /> 25C-5 <br />