25E - AGMT - WALNUT PUMP STATION PROJ

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CONSULTANT AGREEMENT FOR ENVIRONMENTAL SERVICES WITH T&B PLANNING, INC. THIS CONSULTANT AGREEMENT made and entered into this 16th day of September, 2014 by and between T &B Planning, Inc., a California corporation (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 environmental review documentation and processing 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: SCOPE OF SERVICES Consultant shall perform environmental services in compliance with CEQA for the completion of the Walnut Pump Station Building Upgrade Project, as set forth in Consultant's Proposal to Provide CEQA Consulting Services for the Walnut Pump Station dated April 26, 2013, attached hereto as Exhibit A and incorporated herein by this reference. 2. DELIVERY OF WORD PRODUCT Consultant shall deliver to City all work product that results from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with the City's computer system, as agreed between the City's Project Manager and Consultant. In regard to material produced as a deliverable under the Agreement, including but not limited to books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that 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 to disclose, publish, translate, reproduce, and use such materials. 25E -15