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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED N-2013-097 <br />CLERK OF COUNCIL <br />DATE:, JUL 2 3 2013 <br />(y p B A Z`s <br />-,axhaOT PROFESSIONAL SERVICES AGREEMENT <br />THIS AGREEMENT, made and entered into this 15 day of June, 2013, by and between LESLIE <br />HEUMANN, a sole proprietor ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />historic resources services. <br />B. Consultant represents that Consultant is able and willing to provide two educational <br />workshops for the City Historic Resources Commission and the public. The purpose of <br />these workshops will be to train and inform the Commission, staff, and public as well as <br />to provide a common frame of reference for decisions undertaken by the Commission. <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 <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide professional consulting services pertaining to historic resources <br />services, including two educational workshops for the Historic Resources Commission, staff, and <br />the public. The specific scope of services and budget is attached hereto as Exhibit A and is <br />incorporated by this reference to this Agreement. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible <br />with the City's computer system, as agreed between the Project Manager and Consultant. In <br />regard to all copyrightable material produced as a deliverable under this Agreement, including <br />but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, <br />and computer programs, Consultant agrees, for itself and for its affected officers, employees, <br />agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted <br />without prior review from the City, and (b) the authors of all such material, whether copyrighted <br />or not, award to the City, and to its officers, agents and employees acting within the scope of <br />their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, <br />irrevocable license throughout the world for governmental purposes to disclose, publish, <br />translate, reproduce, and use such materials.