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CONSULTANT AGREEMENT FOR <br />ENGINEERING SERVICES WITH PSOMAS <br />THIS CONSULTANT AGREEMENT made and entered into this 16th day of September, <br />2014 by and between Psomas, Inc. a California corporation (hereinafter "Consultant"), and the <br />City of 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 a consultant having special skill and knowledge in the field of <br />water resource engineering design services. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />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 fine 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 perform engineering services for the completion of the Walnut Pump <br />Station Building Upgrade Project, as set forth in Consultant's Walnut Pump Station Building <br />Upgrade Project Engineering Services Proposal dated July 23, 2014, attached hereto as Exhibit A <br />and incorporated herein by reference. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which result from the services provided. <br />Said work product shall be submitted in a hard copy and produced in a form compatible with the <br />City's computer system, as agreed between the City's Project Manager and Consultant. <br />In regard to material produced as a deliverable under the Agreement, including but not <br />limited to books; reports, plans, photographs, drawings, videotapes, and computer programs, <br />Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br />volunteer workers, that the authors of all such material, whether copyrighted or not, award to the <br />City, and to its officers, agents and employees acting within the scope of their official duties, as a <br />condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license <br />throughout the world to disclose, publish, translate, reproduce, and use such materials. <br />EXHIBIT 1 <br />25E -3 <br />