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EXHIBIT 1 <br />CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 21" day of August, 201:8,. by and <br />between Keyser Marston Associates, Inc. (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California, and the Housing Authority of the City of <br />Santa Ana (hereinafter collectively referred to as the "City"). <br />RECITALS <br />A. The City desires to retain a professional consulting firm to provide financial, <br />analytical and advisory set -vices for general multifamily affordable housing; <br />general single family affordable housing program financial and analytical <br />services; multifamily and/or single family bond issuance financial and analytical <br />services; and financial analysis pertaining to the City's Housing Opportunity <br />Ordinance. Accordingly, on May 22, 2018, the City issued a Request for <br />Qualifications (RFQ #18-046) for Affordable Housing Financial, Analytical and <br />Advisory Services attached hereto as Exhibit A and incorporated herein by <br />reference. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />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 <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and <br />subject to the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide affordable housing financial, analytical, and advisory <br />services, as set forth in more detail in the Consultant's Proposal attached hereto and <br />incorporated herein as Exhibit B. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to the City any work product that results from the <br />services provided, with the exception of Consultant's proprietary computer models. <br />In regard to all copyrightable material produced as a deliverable under this <br />Agreement, including but not limited to books, reports, plans, photographs, and drawings, <br />Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br />volunteer workers, that (a) other such material may not be copyrighted without prior <br />review from the City, and (b) the authors of all such material, whether copyrighted or not, <br />award to the City, and to its officers, agents and employees acting within the scope of <br />their official duties, as a condition of payment to the Consultant, a royalty -free, <br />