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YINVU%1i1t CE OR FRS; <br />t18 MAV t'ROAM N-2018-066 <br />,TJt. 'INSWIMNCE MR63 <br />CLERK OF Gf 5�}9� ktKY 15 2018 <br />D1 T 1 RtREEMENT WITH JOHN KALISKI ARCHITECTS TO PROVIDE <br />®: PBA Cl) URBAN DESIGN AND ARCHITECTURAL CONSULTING SERVICES <br />' THEEMENT is made and entered into this 14th day of March, 2018 by and between, John <br />Kaliski Architects, a sole proprietorship ("Consultant"), and the City of Santa Ana, a charter city <br />and municipal corporation organized and existing under the Constitution and laws of the State of <br />California ("City") <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />urban design and architectural consulting for the provision of on-call services to the City's <br />Planning and Building Services Agency. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In tmdertaking 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 during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work products that result from the services ;provided. <br />Said work product shall be submitted in hard copy and produced in a form compatible with the <br />City's computer system, as agreed between the Project Manager and Consultant. In regard to all <br />copyrightable material produced as a deliverable under this Agreement, including but not limited <br />to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer <br />programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, <br />and volunteer workers, that (a) other such material may not be copyrighted without prior review <br />from the City, and (b) the authors of all such material, whether copyrighted or not, award to the <br />City, and to its officers, agents and employees acting within the scope of their official duties, as a <br />condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license <br />throughout the world for govern inental purposes to disclose, publish, translate, reproduce, and <br />use such materials. <br />Page I of 8 <br />