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CONSULTANT AGREEMENT <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 />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 />Consultant's Proposal dated December 12, 2012, attached as Exhibit A to this Agreement and <br />incorporated by reference. <br />2. COMPENSATION <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 />3. TERM <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 />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 />25A-5