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INSURANCE ON RUE A -2018-Q80 WORK MAY PROCEED UNI It IN URA CE EX} IBES ITL RK0 GO NC41. DA'CF.. APR 16 z018 l l PROFESSIONAL SERVICES AGREEMENT TO PROVIDE FEDERAL GOVERNMENT LIAISON SERVICES WITH HOLLAND & KNIGHT, LLP THIS AGREEMENT is made and entered into this I" day of April, 2018, by and between Holland & Knight, LLP, a limited liability partnership ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The City desires to retain a consultant having special skill and Imowledge in the field of securing federal funding and achieving determined legislative and regulatory outcomes on behalf of the City. H. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shah perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. b. Control and Payment of Subordinates: Independent Contractor. The Services shall be performed by Consultant or Linder its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all timcs be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Page 1 of 13