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notify the City's Representative, in writing and seek modifications. No extension of time shall be <br />accepted unless it is evidenced in a writing executed by each Party's Representative. <br />C. Notice to Proceed. Consultant acknowledges and agrees that this project will be funded <br />through 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 are <br />provided through the Orange County Transportation Authority on a pass-through basis. Consultant shall <br />not commence services until it receives a written Notice to Proceed (NTP) executed by the Executive <br />Director of Public Works. Said NTP is contingent on 1) City's receipt of FTA approval of the Project and <br />appropriation of FTA funds for completion of the Santa Ana-Garden Grove Fixed Guideway Project Pre- <br />Preliminary Engineering Analysis or 2) allocation of alternative funds by the Orange County <br />Transportation Agency, in an amount to fully fund the Project. If the FTA does not authorize funding for <br />said Project, and OCTA does not provide alternative funds, the City may terminate this Agreement, as set <br />forth in Section 16, below. <br />d. Consultant acknowledges that the project will be funded in part through funds administered <br />by the Federal Transit Administration and the Orange County Transportation Authority and agrees to <br />comply with all federal requirements as set forth in Exhibit D. <br />2. REPRESENTATIVES <br />a. For purposes of implementing this Agreement, the representative of City shall be the <br />Executive Director of the Public Works Agency, or his designated representative, and the representative <br />of the Consultant shall be Catherine Higley or her designated representative. Except as may be otherwise <br />stated herein, such representatives shall have the authority to act on behalf of their respective parties in <br />carrying out the terms of this Agreement. <br />b. Consultant shall assign the appropriate key personnel to perform the services required by this <br />Agreement, as set forth in Consultant's Proposal. Consultant shall maintain the Project Manager <br />identified in its Proposal, and approved by the City. <br />OWNERSHIP OF REPORTS AND DOCUMENTS <br />a. The originals of all letters, documents, reports and other products and data produced under <br />this Agreement shall be delivered to, and become the property of City. Copies may be made for <br />Consultant's records but shall not be furnished to others without written authorization from City. Such <br />deliverables shall be deemed works made for hire and all rights in copyright therein shall be retained by <br />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 purposes <br />other than the performance under this Agreement, nor be disclosed to an entity not connected with the <br />performance of the project. Consultant shall comply with City's policies regarding such material. <br />c. No copies, sketches, computer graphics or graphs, including graphic artwork, are to be <br />released by Consultant to any other person or agency except after prior written approval by City, except <br />as necessary for the performance of services under this Agreement. All press releases, including graphic <br />display information to be published in newspapers, magazines, etc., are to be handled only by City unless <br />otherwise agreed to by Consultant and City. <br />2 <br />25D-6