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9NSUR!;r,,,;E ON FVLt <br />WCRIt f,1F,1' PROCEED <br />JNfIL IiuSURANCE FJCPIRES <br />is-I-o7 <br />CLERK OF COUNCIL <br />CATS: H a~-D7 <br />I~~ <br />CONSULTANT AGREEMENT <br />A-2007-055 <br />THIS AGREEMENT, made and entered into this 5`h day of March, 2007 by and between <br />Harris & Associates, a California corporation (hereinafter "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 Califomia (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering consulting to provide a pavement management study. <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 standazds 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 fully examine the City's Pavement Management System to determine <br />actual costs needed for pavement rehabilitation and repair of sidewalks, ramps, curbs and gutters, <br />as set forth in Exhibit A to this Agreement. <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 agrees, for itself and its affected officers, employees, agents, <br />contractors, and volunteer workers that (a) such material may not be copyrighted without prior <br />review from the City, and (b) the authors of all such material, whether copyrighted or not, award <br />to the City, and to its officers, agents and employees acting within the scope of their official <br />duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable <br />license throughout the world for governmental purposes to disclose, publish, translate, <br />reproduce, and use such materials. <br />