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<br />CONSULT ANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this 2nd day of September, 2009 by and <br />between Edward K. Aghjayan (hereinafter "Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />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 />electrical utilities and services. <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 assist in the development of a strategic energy and climate protection <br />plan, assist with the design and implementation of energy efficiency programs, and assist with <br />the evaluation of community aggregation options available to the City. <br /> <br />2. DELIVERY OF WORK PRODUCT <br /> <br />Consultant shall deliver to City any and 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 /> <br />In regard to any 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 himself and his 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 />copyrighted or not, award to the City, and to its officers, agents and employees acting within the <br />scope of their official duties, as a condition of payment to the Consultant, a royalty-free, <br />nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br />publish, translate, reproduce, and use such materials. <br /> <br />250-2 <br />