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N_2011-120 <br />INSURANCE ON FILE <br />VYORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL CONSULTANT AGREEMENT <br />DATE: <br />ocT i o ao» /q/ <br />THIS AGREEMENT, made and entered into this '7 day of ?r??4Y.?o , 201 1 by and <br />between Interwest Consulting Group, an S Corporation (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the Constitution <br />and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant to perform engineering consulting services for the <br />Public Works Agency. <br />B. Consultant represents that Consultant is able and willing to provide such services to <br />the City. <br />C. Consultant is an independent contractor who, in rendering services, is to exercise its <br />independent judgment and represents the City only as to the results of its work and not <br />as to the means whereby the work is to be accomplished. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall provide engineering consulting services, including consultation, review <br />and coordination services, as required to assist the Public Works Agency, as set forth in <br />Consultant's Proposal, attached hereto as Exhibit A and incorporated by this reference. Said <br />services shall be provided at the request of the Executive Director of Public Works or his <br />designated representative. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City any work product which results from the services <br />provided. Said work product shall be submitted as agreed between the Project Manager and <br />Consultant. <br />In regard to all material produced as a deliverable under this Agreement, including but <br />not limited to records, papers, drawings, specifications, programs, systems and other materials <br />prepared by Consultant, Consultant agrees that (a) such material shall be the property of the City, <br />and may not be copyrighted without prior review from the City, and (b) the authors of all such <br />material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br />acting within the scope of their official duties, as a condition of payment to the Consultant, a <br />royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to <br />disclose, publish, translate, reproduce, and use such materials. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an <br />hourly fee of $120.00. City will provide office space, computer, telephone and staff support