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1uSURANCE ON FILE WORK MAY PROCEED UNTIL INS M NC- XPIRE5 CLERK 0 CO NCIL DATE SEP 12 2018 ®` cvA, I,') CONSULTANT AGREEMENT A-2018-203 THIS AGREEMENT, 'made and entered into this 2111 day of August, 2018, by and between Keyser Marston Associates, Inc. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California, and the Housing Authority of the City of Santa Ana (hereinafter collectively referred to as the "City"). RECITALS A. The City desires to retain a professional consulting firm to provide financial, analytical and advisory services for general multifamily affordable housing; general single family affordable housing program financial and analytical services; multifamily and/or single family bond issuance financial and analytical services; and financial analysis pertaining to the Cit'y's Housing Opportunity Ordinance. Accordingly, on May 22, 2018, the City issued a Request for Qualifications (RFQ 4-18-046,) for Affordable Housing Financial, Analytical and Advisory Services attached hereto as Exhibit A and incorporated herein by reference. 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: L. SCOPE OF SERVICES Consultant shall provide affordable housing financial, analytical, and advisory services, as set forth in more detail in the Consultant's Proposal attached hereto and incorporated herein as Exhibit B. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to the City any work product that results from the services provided, with the exception of Consultant's proprietary computer models. In regard to all eopyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, and drawings, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty -free,