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CONSULTANT AGREEMENT <br />This agreement for the performance of services ( "Agreement ") is made and entered into <br />on this 3rd day of September, 2014 ( "Effective Date "), by and between Benefit Funding <br />Services Group (BFSG), a California independent consulting firm which provides specialized <br />advice related to the design and implementation of defined contribution plans and defined <br />benefit plans to public and private agencies /companies, with its principal place of business <br />located at 2040 Main Street, Suite 150, Irvine, California 92614 (herein after referred to as <br />"Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"), with its <br />principal place of business located at 20 Civic Center Plaza, Santa Ana, CA 92701, City and <br />Consultant may be referred to herein individually as a "Party" or collectively as the "Parties" or <br />the "Parties to this Agreement." <br />RECITALS <br />A. City desires to retain a Consultant having special skill and knowledge in providing <br />Fiduciary advice in Plan and investment advisory services with expertise to provide <br />quarterly investment analysis, recommendations, and reports pertaining to the City's <br />457 Deferred Compensation Plan including the design, solicitation and <br />implementation of customized solutions for deferred contribution plans and defined <br />benefit plans. BFSG will assist the City in the transition, monitor plan asset fund <br />transfers and deposits from the current structure with the City's 457 Plan Provider and <br />Recordkeeper to new modern fund portfolio structure and subsequent Plan Provider <br />Request for Proposal. <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 be <br />expected from a professional consulting firm in the field. <br />D. The Parties have specified in this Agreement the terms and conditions Linder which <br />such services will be provided and paid for. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services identified in BFSG's Statement of Work as set <br />forth in Exhibit A to this Agreement. <br />25J -31 <br />