ROYER, DAVID 1 - 2013 - Laserfiche WebLink

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U INS(RANCE ON FILE WORK MAY PROCEED UN7iL INSURANCE EXPIRES Akio; y- -/y CLERK OF COUNCIL 13 AWA /W,4C (I) CONSULTANT AGREEMENT N- 2013 -148 ye4 THIS AGREEMENT, made and entered into this 19 °i day of August, 2013 by and between David Y* Kull Royer, a sole proprietor, (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 traffic control, including developing traffic control plans and implementing traffic control zones. B. Consultant represents that he is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that he is knowledgeable in his 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 andson4itions- hereinafter-set forth- the parties agrevas-fb14 1. SCOPE OF SERVICES Consultant shall evaluate the City's existing traffic control plans, practices, policies and procedures; provide recommendations to update City traffic control plans and traffic control zones, and implement and oversee the updated traffic control plans and traffic control zones throughout the City. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work product which results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's IT system, as agreed between the Project Manager and Consultant. In regard to copyrightable material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs produced as part or result of this project; the Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer workers also agree and acknowledge that (a) such copyrightable material may not be copyrighted without prior review and approval 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 royally -free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified for the work described in Exhibit A. The total sum to be expended under this Agreement shall not exceed $10,000 during the term of this Agreement.