ARCHITECTS MCDONALD, SOUTAR & PAS, INC. - 2009

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' !IRgNi;E ON FILE ,.Jnn ~mHv PROCEED N-2009-010 oN i i~ iN5URANCE EXPIRES ~-B-U`f 6l.~RK OF CDUNCIL CONSULTANT AGREEMENT / UAiE: , a -~~ - U~f QI.J ~ l~~ N~ ` Sc~ ha. THIS AGREEMENT, made and entered into this 6`h day of January, 2009 by and between Architects McDonald, Soutar & Pas, Inc. (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of architectural and engineering services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall provide architectural and engineering services necessary to provide design and construction documents for a replacement steel ladder at the Maxine Pump Station, as set forth in Exhibit A to this Agreement. Consultant may provide architectural/engineering services for other projects upon the written request of the Executive Director of Public Works. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work-product resulting from the services provided. City shall retain ownership and control of any work product produced as a deliverable pursuant to this Agreement, including but not limited to plans, specifications, writings and drawings. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs and/or drawings, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials.