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INSUR,ANCE NO ON FILE WM3424 <br />WORK MAY NOT PROCEED <br />CLARK OF COUNCIL <br />18 2013 CONSULTANT AGREEMENT <br />(,'RfJ ? ?YnA <br />©? e PHIS AGREEMENT, made and entered into this I 1'h day of September, 2013 by and <br />betaveen Brian H. Lee, Architect a sole proprietorship (hereinafter. "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain Certified Access Specialist (CASp) consulting services with <br />special skill and knowledge in the field of disabled access compliance review. <br />B. Consultant represents that Consultant is a Certified Access Specialist (CASp) and is <br />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 his 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 CASp inspector. <br />NOW THE, BEFORE, 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 perform an inspection and prepare two written reports related to the <br />Bowers Museum facility; including parking facilities, under the guideline provisions for disabled <br />access compliance as identified by the State of California Construction-Related Accessibility <br />,S`tandardr Compliance Act (SB 1608). The details and particulars are as set forth in Consultant's <br />Proposal dated September 11, 2013, attached as Exhibit A to this Agreement, and incorporated <br />by reference. <br />1 REPRESENTATIVES <br />For purposes of implementing this Agreement, the representative of City shall be the <br />City's Building Safety Manager, Gerald Caraig, and the representative of the Consultant shall be <br />Brun. H. Lee. Except as may be otherwise stated herein, such representatives shall have the <br />authority to act on behalf of their respective patties in carrying out the terms of this Agreement. <br />3. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute might to enter into and perform <br />Agreement and will perform its obligations hereunder in accordance with standards and <br />tices prevailing in the industry. Consultant's performance of the Compliance Review, <br />rding works to be produced by Consultant hereunder, will not infringe or misappropriate the <br />6etary or personal rights of any third person or party. Consultant shall deliver to City any