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INSURANU ON FILE. <br />WORK h11,11Y PROCEED <br />UNdL INSURANCE EXPIRES <br />CLEVK OF COUNCIL <br />DATE: to -(1-04 <br />CONSULTANT AGREEMENT <br />A-2006-271 <br />o'."\'?, <br />(M-u -0 THIS AGREEMENT, made and entered into this October 3, 2006, by and between <br />Johnson-Frank & Associates, Inc., a California corporation (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State 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 />civil engineering, to perform aerial mapping and digital surveying services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 <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 aerial mapping and digital surveying services for various Public <br />Works street improvement projects, on an as-needed basis, as set forth in its Proposal attached <br />hereto as Attachment A. The Executive Director of the Public Works Agency, (hereinafter "the <br />Executive Director"), or his/her designee, will request a Scope of Work and Fee Proposal for <br />each project. Consultant will submit a Proposal, which the Executive Director may accept, <br />amend with the consent of Consultant, or decline. Consultant may commence work upon receipt <br />of a written authorization executed by the Executive Director or his/her designee. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product resulting from the services provided. <br />Said work product shall be submitted in a hard copy and in a form compatible with City's <br />computer system, as agreed between the Executive Director and Consultant. <br />In regard to all copyrightable material produced as a deliverable under the Agreement, <br />including but not limited to books, reports, plans, photographs, drawings and computer <br />programs, the Consultant understands and shall ensure that all of Consultant's affected officers, <br />employees, agents, contractors, and volunteer workers also understand that (a) such material may <br />not be copyrighted without prior review from the City, and (b) the authors of all such material,