Laserfiche WebLink
AGREEMENT FOR PROVISION OF <br />FINANCIAL AND ENGINEERING EVALUATION SERVICES <br />THIS AGREEMENT, made and entered into this 19`h day of September, 2011 by and between <br />Black and Veatch Corporation (hereinafter "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 />(hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering and financial analysis to evaluate the City's sanitary sewer and water program. <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 perform financial and engineering evaluation services to prepare a sanitary sewer <br />and water utility financial plan for the City, as set forth in Exhibit A, attached hereto and incorporated by <br />this 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 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 such material shall be the property of the City, and (b) the authors of all such <br />material, award to the City, and to its officers, agents and employees acting within the scope of their <br />official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable <br />license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use <br />such materials. <br />1 <br />25D-3