LEE & ASSOCIATES REALTY GROUP NEWPORT BEACH, INC. - 2016

Home Browse Search

INSURANCE Eff ON FELE ORK MAY JU P 3� CONSULTANT AGREEMENT N-2016-128 CLERK OF COUNCIL 1 DATEtiS AGREEMENT is made and entered into this day of a2016 by and between Lee & Associates Realty Group Newport Beach Inc., a California corpor ion (hereinafter "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 (hereinafter "City"), RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of commercial real estate services. B. Consultant represents that Consultant 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 consulting 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: SCOPE OF SERVICES Consultant shall serve as a real estate agent for the City to aid in a contemplated relocation, renewal or purchase for the Work Center. Consultant is authorized to negotiate on behalf of the City with owners, developers, brokers, and all interested parties to explore real estate opportunities that meet the City's Work Center requirements. Consultant will make all efforts to present to the City all pertinent information in detail as required throughout the decision-making and transaction process. All documentation resulting from Consultant's efforts and negotiations is subject to ultimate City approval. 2. COMPENSATION The City shall not be responsible for any compensation to Consultant. Commissions and/or fees to which Consultant is entitled shall be paid by the Owner, Landlord, or Sub -Landlord of the property purchase, leased, or subleased by the City. Consultant is solely responsible for collecting any commissions and/or fees due to Consultant from other parties. The City shall not be responsible in any way for the payment, enforcement or collection of any commissions and/or fees due to Consultant. 1 TERM This Agreement shall commence on the date first written above and terminate one (1) year from the date first written above, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.