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INJURAIP,L7 iGUI 1 I f m_ - WORK MAY N-0-1 PF;OCEEv CLERK OF COUNCIL. DATE: SEP 2 9 2005 16 j.kd^c� A-2005-223 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this IV11- day of SWIf"'Xhtg, 2005 by and between Fieldman, Rolapp & Associates (hereinafter "Consultant"),an 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 independent financial advisory services to provide financing feasibility, planning and structuring, and possible debt issuance services, in connection with the proposed funding of water, sewer and other public improvements through the possible formation of a Community Facilities District. 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 perform those services as set forth in Exhibit A to this Agreement. Additional services which may be provided by Consultant, upon the written request of City, include : • Assisting the City in obtaining enabling legislation or conducting referendum elections.' • Extraordinary services and extensive computer analysis in the structuring or planning of any debt issue or financing program. • The repeat of any element of a service described in Exhibit A, which is made through no fault of Consultant. • Financial management services, including capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A. • Services rendered in connection with any undertaking of the City relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2-12 or other similar rules.