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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />8 -/3" Z, WC: 9 -i -a� <br />CLERK OF CpYNCIL <br />DATE: P&1 C2) <br />(Toy+ \u 2er)*a) <br />THIS AGREEMENT, made and entered into this 18`h day of June, 2007 by and between <br />AUSTIN -FOUST ASSOCIATES, INC., a California corporation (hereinafter "Consultant "), and <br />the 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 />CONSULTANT AGREEMENT <br />A- 2007 -153 <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />environmental services and related technical studies. <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 provide traffic engineering and transportation planning services in <br />relation to environmental project review pursuant to the California Environmental Quality Act <br />and the National Environmental Policy Act, as set forth in City's Request for Qualifications for <br />Environmental Consultants, incorporated to this Agreement by reference, and Consultant's <br />Proposal, attached hereto as Exhibit A and incorporated by reference to this Agreement. Said <br />services shall be provided at request of the Executive Director of the Planning and Building <br />Agency, as evidenced by a writing signed by the Executive Director and the City Attorney. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible <br />with City's computer system, as agreed between the Project Manager and Consultant. <br />In regard to all copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, <br />employees, agents, contractors, and volunteer workers, that (a) other such material may not be <br />copyrighted without prior review from the City, and (b) the authors of all such material, whether <br />