BENEFIT FUNDING SERVICES GROUP 3 - 2008

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~t;S'J3.1?!"4 ~~~ Ord r'ILE =., ;.F „,A~ I„l PROCEED N-2008-066 .. E3c ~lr COUNCIL "j ~ ~' ~ ~ ' ~~ CONSULTANT AGREEMENT ,• G . ~aa~, « C a- £cid ~ e Dw~u e THIS AGREEMENT, made and entered into this 28a' day of May, 2008 by and between Benefit Funding Services Group, Inc a California Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporafion organized and existing under the Constitution and laws of the State of Califomia (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of employee deferred compensation plan analysis and assessment. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional fum in the field. NOW THEREFORE, in considerafion of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform analysis, assessment and education services regarding the Santa Ana Employee Deferred Compensation Program, as set forth in Exhibit A, attached hereto and incorporated by this reference. Contractor shall also provide consulting services in relation to the City's search for a new Plan Administrator, as set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $25,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2009, unless temunated earlier in accordance with Section 12, below.