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IN5URANC ON HL?_ <br />WORK MAY PROCEED <br />UNTIL INSLIRANCF EXPIRES <br />S_= Q -2.©t <br />CLERK <br />TE i Et <br />CONSULTANT AGREEMENT <br />A-2010-167 <br />THIS AGREEMENT, made and entered into this 8th day of September, 2010 by and between <br />-- <br />( <br />O <br />.... A <br />va <br />Westbound Communications, Inc. ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of California <br />("City"), hereinafter referred to as "Agreement." <br />RECITALS <br />A. The City desires to retain the services of a consultant having special skill and <br />knowledge in the field of professional Web Site and promotional communications <br />services. <br />B. City, acting through the Santa Ana Police Department in its capacity as the <br />Core City for the Santa Ana Urban Area under the FY09 Urban Areas <br />Security Initiative ("UASI"), has applied for, received and accepted a grant from the <br />Federal Department of Homeland Security, Office of Domestic Preparedness, through <br />the State of California, Emergency Management Agency, to enhance countywide <br />emergency preparedness, hereinafter referred to as "the Grant." <br />C. Consultant represents that Consultant is able and willing to provide such services to <br />the City. <br />D. In undertaking the performance of this Agreement, Consultant represents that <br />it is knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall continue web site enhancement and hosting services, as well as <br />promotional services for the ReadyOC (ROC) Emergency Preparedness Campaign, as set <br />forth in Exhibit A attached to this Agreement, incorporated herein by reference. <br />2. COPYRIGHT <br />Except as otherwise provided in the terms and conditions of this Agreement, <br />Consultant may copyright any books, publications or other copyrightable materials <br />developed in the course of or under this agreement. However, the federal awarding <br />agency, State Administrative Agency ("SAA") and City reserve a royalty-free, non- <br />exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize <br />others to use, for federal government, SAA and/or City purpose: <br />Page 1 of 9