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b. Time for Performance. Consultant shall perform and complete all services as may <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 />C. Consultant acknowledges and agrees that this project will be funded through <br />Federal funds, and that said funding is contingent on approval of the Project by the Federal <br />Transit Administration (FTA), and FTA allocation of funds to the Project. Further, said funds <br />are provided through the Orange County Transportation Authority on a pass-through basis. <br />Consultant shall not commence services until it receives a written Notice to Proceed (NTP) <br />executed by the Executive Director of Public Works. Said NTP is contingent on 1) City's receipt <br />of FTA approval of the Project and appropriation of FTA funds for completion of the SARTC <br />Master Plan, or 2) allocation of alternative funds by the Orange County Transportation Agency, <br />in an amount to fully fund the Project. If the FTA does not authorize funding for said Project, <br />and OCTA does not provide alternative funds, the City may terminate this Agreement, as set <br />forth in Section 15, below. <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 />regarding such material.