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i `'INSI~{~~~~ NOT ON FILE W(1R'~( Mil' NOT PROCEED CLERIC ~!F COUNCIL DATE: rJllL 1 ~ 2D~9 ~J -~r',ft '_' c~ r~~G. 1.,1~>., CONSULTANT AGREEMENT N-2009-077 THIS AGREEMENT, made and entered into this 25`h day of June, 2009 by and between THE PLANNING CENTER, a California corporation (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 preparation of planning documents, including integration of older documents so that they have the same "look and feel" and use of new technologies such as Adobe Acrobat®. 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: 1. SCOPE OF SERVICES Consultant shall provide those services set forth as "Option 2: Word, hard copy, and static and hyperlinked PDFs" on the Scope of Services attached hereto as Exhibit A and incorporated by reference to this Agreement. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. In regard to all copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and volunteer workers, that (a) other 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