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AGREEMENT FOR PROVISION OF <br />THIS AGREEMENT, made and entered into this 16th day of September, 2014 by and between <br />Urban Futures, hlc., a California corporation (hereinafter "Consultant', and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the State <br />of California (hereinafter "City "). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />municipal financial services relating to bond continuing disclosure requirements. <br />B. Consultant represents that Consultant is able and willing to provide such services to 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform those services as set forth in the Proposal to Provide Continuing <br />Disclosure Services, attached hereto as Exhibit A and incorporated by this reference. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform this <br />Agreement and will perform its obligations hereunder in accordance with standards and practices <br />prevailing in the industry. Consultant's contribution to the Project, including works to be produced by <br />Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third <br />person or party. Consultant shall deliver to City any work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible with <br />City's information systems, as agreed between the Project Manager and Consultant. <br />3. COMPENSATION <br />a, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A, The annual sum to be expended under this Agreement shall not <br />exceed $5,500.00 per year, and the total sum expended shall not to exceed $16,500,00 during the three (3) <br />year term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br />expected by City. <br />I <br />25J -3 <br />