HF&H CONSULTANTS, LLC -2011 - Laserfiche WebLink

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INSURANCE NOT REQUIRED N-2011-144 WORK MAY PROCEED CLERK OF COUNCIL DATE. OFF,-) 2 2011 CONSULTANT AGREEMENT F M ©?.??ct5c2 THIS AGREEMENT, made and entered into this 2q day of November, 2011 by and Gu??eri1q;etween HF&H Consultants, LLC, a California limited liability company (hereinafter ,,Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge to review and analyze transfers from the Water Enterprise and services related thereto. B. Consultant represents that Consultant is able and willing to provide such services to the C C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall review and analyze the current procedures regarding the Water Enterprise and attend at least two meetings at the City to meet with staff in this regard. Consultant shall provide options for deriving cost-based transfers and at the conclusion of its review shall provide the City with a comprehensive list for cost-based transfers as set forth in the Proposal dated November 11, 2011 (see Exhibit A attached hereto and incorporated herein). 2. DELIVERY OF WORK PRODUCT -OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior approval of the City, and (b) the authors of all such