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CONSULTANT AGREEMENT <br />THIS AGREEMENT, made and entered into this 2°d day of March, 2009 by and between <br />Westbound Communications, Inc. (hereinafter "Consultant"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 of <br />professional Web site and promotional communications services. <br />B. City, acting through the Santa Ana Police Department in its capacity as the Core City <br />for the Santa Ana Urban Area under the FY07 Urban Areas Security Initiative, has <br />applied for, received and accepted a grant from the federal Department of Homeland <br />Security, Office of Domestic Preparedness, through the State of California, Office of <br />Homeland Security, to enhance countywide emergency preparedness, hereinafter <br />referred to as "the Grant. <br />C. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />D. 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 />SCOPE OF SERVICES <br />Consultant shall perform web site building and hosting services, as well as promotional <br />services for the ReadyOC (ROC) Emergency Preparedness Campaign, as set forth in Exhibit A <br />attached to this Agreement. <br />2. COPYRIGHT <br />Except as otherwise provided in the terms and conditions of this agreement, Consultant <br />may copyright any books, publications or other copyrightable materials developed in the course <br />of or under this agreement. However, the federal awarding agency, State Administrative Agency <br />(SAA) and City reserve aroyalty-free, non-exclusive, and irrevocable license to reproduce, <br />publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City <br />purpose: <br />25E-3 <br />