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AGREEMENT TO PROVIDE COMPREHENSIVE <br />PROPOSITION 218 ASSESSMENT <br />THIS AGREEMENT is made and entered into this 3rd day of October, 2017 by and between NBS <br />Government Finance Group, Inc., a California corporation ("Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California ("City"). <br />RECITALS <br />A. On July 3, 2017, the City issued Request for Proposal No. 17-081, by which it sought a. <br />consultant to conduct a Comprehensive Proposition 218 Fees and Charges Compliance <br />Assessment. <br />B. Consultant submitted's responsive proposal that was selected by the City. Consultant <br />represents that it is -able and willing to provide the services as described in the scope of <br />work that is included in Exhibit A to this Agreement, <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 />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 the services that are described in Consultant's proposal dated <br />September 15, 2017, with Approach #1 as described therein. City shall have the option to select <br />Approach #2 if desired. Consultant's complete proposal is attached as Exhibit A and incorporated <br />in fall. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services <br />under this Agreement, the rates and charges identified in Exhibit B. The total sum to <br />be expended under the term of this Agreement, including any extension periods, shall <br />not exceed $111,970. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />Pagel of 8 <br />25A-5 <br />