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02 <br />J INSURANCE NOT ON FILE <br />;J WORK MAY f�QT PROCEED <br />CLERK OF COUNCIL <br />DATE' /�{I►Y Z G ZO�3COMMERCIAL/INDUSTRIAL INSPECTION AND <br />DATABASE MANAGEMENT SERVICES AGREEMENT <br />�' THIS AGREEMENT made and entered into this 4`h day of April, 201 1 by and between <br />Environmental Engineering and Contracting, Inc., a California corporation (hereinafter "Consultant "), and <br />the 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 />� � RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of NPDES <br />inspection and database management services. <br />� B. Consultant represents that Consultant is able and willing to provide such services to the 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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />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 provide Commercial /Industrial Inspection and Database Management consultant <br />services, as set forth in City's Request for Proposals issued February 16, 201 1, on file with the Santa Ana <br />Public Works Agency and incorporated herein by reference; and Consultant's Proposal dated March 3, <br />201 1, attached hereto as Exhibit A and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and perform this <br />Agreement and will perform its obligations hereunder in accordance with standards and practices <br />prevailing in the industry. Consultant's contribution to the Project, including works to be produced by <br />Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third <br />person or party. Consultant shall deliver to City any work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible with <br />City's information systems, as agreed between the City's Project Manager and Consultant. <br />In regard to all material produced as a deliverable under this Agreement, including but not limited <br />to records, papers, drawings, specifications, programs, systems and other materials prepared by <br />Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br />volunteer workers, that (a) other such material shall be the property of the City, and may not be <br />copyrighted without prior review from the City, and (b) the authors of all such material, whether <br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of <br />their official duties, as a condition of payment to the Consultant, aroyalty -free, nonexclusive, irrevocable <br />license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use <br />such materials. <br />25C� -3 <br />