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INSURANCE ON FILE
<br />WORK MAY PROCEEC
<br />UNTIL INSURANCE EXPIRE
<br />CLERK OF COUNCIL
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<br />CONSULTANT AGREEMENT
<br />A-2009-141
<br />THIS AGREEMENT made and entered into this 8h day of September, 2009 by and
<br />between Houston -Harris PCS, Inc., a California corporation (hereinafter "Consultant"), and the
<br />City of Santa Ana, a charter city and municipal corporation organized and existing under the
<br />Constitution and laws of the State of California (hereinafter "City").
<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 />1. SCOPE OF SERVICES
<br />Consultant shall perform those services as set forth in City's Request for Proposal For
<br />Television Inspection of Sanitary Sewers, incorporated by reference to this Agreement, and
<br />Consultant's Proposal, attached hereto as Exhibit A, and incorporated by this reference.
<br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP
<br />Consultant warrants and represents that it has the absolute right to enter into and perform
<br />this Agreement and will perform its obligations hereunder in accordance with standards and
<br />practices prevailing in the industry. Consultant's contribution to the Project, including works to
<br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
<br />personal rights of any third person or party. Consultant shall deliver to City any work product
<br />which results from the services provided. Said work product shall be submitted in hard copy and
<br />produced in a form compatible with City's information systems, as agreed between the Project
<br />Manager and Consultant.
<br />In regard to all material produced as a deliverable under this Agreement, including but
<br />not limited to records, papers, drawings, specifications, programs, systems and other materials
<br />prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
<br />contractors, and volunteer workers, that (a) other such material shall be the property of the City,
<br />and may not be copyrighted without prior review from the City, and (b) the authors of all such
<br />RECITALS
<br />A. The City desires to retain a consultant having special skill and knowledge in the field of
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<br />cleaning, inspecting and video taping sanitary sewer mains.
<br />B. Consultant represents that Consultant is able and willing to provide such services to the
<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
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<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 />1. SCOPE OF SERVICES
<br />Consultant shall perform those services as set forth in City's Request for Proposal For
<br />Television Inspection of Sanitary Sewers, incorporated by reference to this Agreement, and
<br />Consultant's Proposal, attached hereto as Exhibit A, and incorporated by this reference.
<br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP
<br />Consultant warrants and represents that it has the absolute right to enter into and perform
<br />this Agreement and will perform its obligations hereunder in accordance with standards and
<br />practices prevailing in the industry. Consultant's contribution to the Project, including works to
<br />be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or
<br />personal rights of any third person or party. Consultant shall deliver to City any work product
<br />which results from the services provided. Said work product shall be submitted in hard copy and
<br />produced in a form compatible with City's information systems, as agreed between the Project
<br />Manager and Consultant.
<br />In regard to all material produced as a deliverable under this Agreement, including but
<br />not limited to records, papers, drawings, specifications, programs, systems and other materials
<br />prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
<br />contractors, and volunteer workers, that (a) other such material shall be the property of the City,
<br />and may not be copyrighted without prior review from the City, and (b) the authors of all such
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