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M <br />., <br />N-2009-140 <br />iN~urtnNCE ON FILE <br />VJpRK MAY PROCEED <br />UNTIL INSURAtdCE EXPIRES <br />=~,s-o20 /QT a.~_: CONSULTANT AGREEMENT <br />CLERK OF COUNCIL <br />DATE: <br />4. p WIC Z) THIS AGREEMENT, made and entered into this 9~' day of December, 2009 by and <br />ZeOI K between Thakorlal C. Sutaria, an individual (hereinafter "Consultant"), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant to perform engineering consulting services for the <br />Public Works Agency. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />the City. <br />C. Consultant is an independent contractor who, in rendering services, is to exercise his <br />independent judgment and represents the City only as to the results of his work and not <br />as to the means whereby the work is to be accomplished. <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 provide engineering consulting services as required to assist the Public <br />Works Agency Engineering Services Division, at the request of the Executive Director or his <br />designated representative, including, but not limited to, the following projects: <br />Santa Ana Fixed Guideway Corridor <br />SARTC Expansion <br />Central County Corridor MIS Studies conducted by City or OCTA Consultants. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City any work product which results from the services <br />provided. Said work product shall be submitted as agreed between the Project Manager and <br />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 that (a) 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 />material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br />acting within the scope of their official duties, as a condition of payment to the Consultant, a <br />royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to <br />disclose, publish, translate, reproduce, and use such materials. <br />