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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 17`}' day of November, 2008 by and <br />between SCOTT FAZEKAS & ASSOCIATES, INC., a California corporation (hereinafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized <br />existing under the 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 <br />municipal plan check services. <br />B. Consultant represents that Consultant is able and willing to provide such services to <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 <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide plan check services on request of the Executive Director of the <br />Planning and Building Agency, as set forth in Exhibit A, attached hereto. <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 copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings and computer <br />programs, Consultant agrees and shall ensure that all of Consultant's affected officers, <br />employees, agents, contractors, and volunteer workers agree that (a) other such material may n <br />be copyrighted without prior review from the City, and (b) the authors of all such material, <br />whether copyrighted or not, award to the City, and to its officers, agents and employees acting <br />within the scope of their official duties, as a condition of payment to the Consultant, aroyalty- <br />free, nonexclusive, irrevocable license throughout the world for governmental purposes to <br />disclose, publish, translate, reproduce, and use such materials. <br />25D-3 <br />