PUBLIC FINANCIAL MANAGEMENT - 2008

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~~ Cdal. e CONSULTANT AGREEMENT N-2008-126 7vwe THIS AGREEMENT, made and entered into this 20`h day of May, 2008 by and between Public Financial Management, a Pennsylvania corporation (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 financial analysis regarding the viability of various financing options for City cell towers. 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 fum 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 review and evaluate potential cell tower financing opportunities, as set forth in Exhibit A to this Agreement. City may request additional Consultant services. Such request will be made in writing executed by the Executive Director of Finance and Management Services, defining the pazameters of any such additional services and the rates and fees applicable to said services. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, 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, aroyalty-free, !: y~~~atJfi~ ON FILE y, ~ (r~q~ PROCEED ulYTlt IIV5Nf1ANCE EXPIRES u~ - o$ (,LER'K ~ I~ DAiE: r~_Iq _~j~ ~~r~~-,cam ~1)