25D - AGREEMENT WITH EDWARD K. AGHJAYAN

Home Browse Search

CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17`" day of January, 2012 by and between Edward K. Aghjayan (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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical utilities and services. B. Consultant represents that Consultant is able and willing to provide such services to the City. 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 assist in the identification, evaluation, design and implementation of energy efficiency opportunities and community programs, as well as advising City staff regarding energy related issues and developments. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any and all 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 any copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for himself and his affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. Any publications (including books, brochures, films, videotapes and other materials designed for public distribution) resulting from the project shall contain the following statement: "The activity which is the subject of this report has been financed in part with City funds. However, the contents and opinions do not necessarily reflect the views or policies of the City, nor does mention of trade names or commercial products constitute endorsement or recommendation by the City." 1 25D-3