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b. Time for Performance. Consultant shall perform and complete all services as may <br /> <br /> be requested pursuant to the Scope of Work in a timely and expeditious manner. Consultant <br /> shall perform such services in accordance with the schedules which Consultant and City may <br /> mutually agree as to any particular deliverable, study, job or analysis. In the event that <br /> Consultant determines that a proposed schedule for work as requested by the City is not possible <br /> or achievable, Consultant shall immediately notify the City's Representative, in writing and seek <br /> modifications. No extension of time shall be accepted unless it is evidenced in a writing <br /> executed by each Party's Representative. <br /> i <br /> c. Consultant shall not commence services until it receives a written Notice to <br /> Proceed (NTP) executed by the Executive Director of Public Works. Said NTP is contingent on <br /> 1) City's receipt of Federal Transit Authority's (FTA) approval of the Project and appropriation <br /> of FTA funds for completion of the SARTC Master Plan, or 2) allocation of alternative funds by <br /> the Orange County Transportation Agency. <br /> 2. REPRESENTATIVES <br /> a. For purposes of implementing this Agreement, the representative of City shall be <br /> the Executive Director of the Public Works Agency, or his designated representative, and the <br /> representative of the Consultant shall be David Chow, Director or his designated representative. <br /> Except as may be otherwise stated herein, such representatives shall have the authority to act on <br /> behalf of their respective parties in carrying out the terms of this Agreement. <br /> b. Consultant shall assign the appropriate key personnel to perform the services <br /> required by this Agreement, as set forth in the RFP and Consultant's Proposal. Consultant shall <br /> maintain the Project Manager identified in its Proposal, and approved by the City. <br /> 3. OWNERSHIP OF REPORTS AND DOCUMENTS <br /> A. The originals of all letters, documents, reports and other products and data produced <br /> under this Agreement shall be delivered to, and become the property of City. Copies may be <br /> made for Consultant's records but shall not be furnished to others without written authorization <br /> from City. Such deliverables shall be deemed works made for hire and all rights in copyright <br /> therein shall be retained by City. <br /> B. All ideas, memoranda, specifications, plans, manufacturing, procedures, drawings, <br /> descriptions, and all other written information submitted to Consultant in connection with the <br /> performance of this Agreement shall not, without prior written approval of City, be used for any <br /> purposes other than the performance under this Agreement, nor be disclosed to an entity not <br /> connected with the performance of the project. Consultant shall comply with City's policies <br /> re ardin such material. <br /> g g <br /> C. No copies, sketches, computer graphics or graphs, including graphic artwork, are to <br /> be released by Consultant to any other person or agency except after prior written approval by <br /> City, except as necessary for the performance of services under this Agreement. All press <br /> releases, including graphic display information to be published in newspapers, magazines, etc., <br /> are to be handled onl b Cit unless otherwise a reed to b Consultant and Cit . <br /> Y Y Y g Y Y <br /> 2 <br /> 25A-6 <br /> <br />