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JF <br />ANCE ON FILE 0- l7 CM AY PROCEED N-2016-148 <br />iNSURANCE EXPIRES <br />20 CONSULTANT AGREEMENT <br />111RI OF � "l 'GREEMENT is made and entered into this 3r day of Cbb 2016, by and between Svbil <br />jlicia MacDonald, an independent contractor (hereinafter "Consultant'), and the City of Santa Ana, a <br />�® - charter city and municipal corporation organized and existing under the Constitution and laws of the <br />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 public <br />relations and communications support services, including three major focus areas: 1) media <br />relations; 2) marketing; and, 3) community engagement and outreach. <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 />SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />one -hundred and forty dollars ($140.00) per hour. The total sum to be expended under <br />this Agreement shall not exceed twenty-five thousand dollars ($25,000.00) during the <br />term of this Agreement. <br />b. Consultant shall issue invoices to the City twice a month outlining billable hours by <br />project and focus area of work performed. <br />C. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth in <br />the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate six (6) months <br />after the commencement date, unless terminated earlier in accordance with Section 15, below. The <br />term of this Agreement may be extended upon a writing executed by the City Manager and the City <br />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 />discretion or control over the professional manner in which Consultant performs the services which are <br />