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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CM_ A.X CITY CLERK DATE: N-2023-163 8 PWAU)IR�) AGREEMENT WITH ROBERT D. NIEHAUS, INC. �KAiHi0.12.�Ar�d-o Fi TO PROVIDE FINANCIAL PLANNING SERVICES THIS AGREEMENT is made and entered into this 1 g"A day of May, 2023 by and between Robert D. Niehaus, Inc. ("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 ("City"). N CYJ o RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of Financial Planning Services to provide assistance to the Water Resources Division. 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 contracting firm 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: 1. SCOPE OF SERVICES On an on -call basis, Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The sum to be expended under the term of this Agreement shall not exceed $50,000. This sum is comprised of (1) the base amount of $29,660 and (2) a contingency in the amount of $20,340 for additional work at the City's sole discretion. b. Payment by City shall be made within forty-five (45) 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 and Scope of Work, which may reasonably be expected by City.