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AGREEMENT FOR PROVISION OF <br />ON-CALL ENGINEERING AND <br />TECHNICAL SUPPORT SERVICES <br />ATTACHMENT 4 <br />THIS AGREEMENT, made and entered into this _ day of , 2012 by and between <br />, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing on-call technical and engineering labor services. <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 <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a 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 provide temporary engineering and technical services on an on-call basis for <br />the Santa Ana Public Works Agency, as set forth in City's Request for Proposals dated <br />2. REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of City shall be the Executive <br />Director of the Public Works Agency, or his designated representative, and the representative of the <br />Consultant shall be . Except as may be otherwise stated herein, such representatives shall <br />have the authority to act on behalf of their respective parties in carrying out the terms of this <br />Agreement. <br />3. 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 />assigned Consultant personnel hereunder, will not infringe or misappropriate the proprietary or <br />personal rights of any third person or party. Consultant assigned personnel shall deliver to City any <br />work product which results from the services provided. Said work product shall be submitted in hard <br />copy and produced in a form compatible with City's information systems, as agreed between the <br />Project Manager and Consultant. <br />Page 13 of 21 <br />19D-15