MULLEN & ASSOCIATES 1A - 2004 - Laserfiche WebLink

Home Browse Search

;. .. ""~~ r't~E'tea AMENDED AND RESTATED ~ - ~ ~ ~~ ~=-----v-°--°~°-' CONSULTANT AGREEMENT ?.~1'~ i'i-"~i-~~S ~ THIS AGREEMENT, made and entered into this 25°i day of October, 2005 by and L~ ' ~~~ ~ between Mullen & Associates, Inc., a California corporation (hereinafter "Consultant"), and the ~C ~~ City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City and Consultant entered into Agreement N-2004-031, dated April 22, 2004, (hereinafter "said Agreement") by which Consultant has provided electrical engineering consulting and design services for the Santa Ana Zoo and the Santiago Park Lawn Bowling and Tennis Court. B. Said Agreement was terminated by operation of law. The parties wish to amend and restate said Agreement to provide continuous services in order to design a complete project without duplicating work previously completed by Consultant. 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 consulting 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: SCOPE OF SERVICES Consultant shall provide electrical engineering design and consulting services for a public address system at the Santa Ana Zoo, as set forth in Exhibit A-1, attached hereto. Consultant shall also provide design and consulting services for lighting and control at the Lawn Bowling Center and demand control at the Santiago Park Tennis Courts, as set forth in Exhibit A-2, attached hereto. Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under the Agreement, including but not limited to books, reports, plans and drawings produced as part or result of this project, the Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers also understand and agree that (a) such material may not be copyrighted without prior review from the City: (b} the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the