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<br />~ <br /> <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/~- 0/-07 <br />CLERK OF COUNCIL <br />Of.,TiSEP 2 0 2007 <br /> <br />N-2007 -107 <br /> <br />CONSULT ANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 15th day of August, 2007 by and <br />between Boyle Engineering Corporation, 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 /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />civil engineering to prepare contract documents. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />Consultant shall provide a structural assessment and recommendations for repair of the <br />City parking garage located at 300 E. Fifth Street. <br /> <br />2. DELIVERY OF WORK PRODUCT <br /> <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 /> <br />In regard to 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, a royalty-free, nonexclusive, irrevocable <br />license throughout the world for governmental purposes to disclose, publish, translate, <br />reproduce, and use such materials. <br />