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INSURANCE NOT ON FILE XNORK MAY do PROCEED CLERK OF COUNCIL p DATE: A-2014-177 CONSULTANT AGREEMENT 3 THIS AGREEMENT made and entered into this day ofOT_,_, 2014 by and between KOSMONT & ASSOCIATES, INC., doing business as KOSMONT COMPANIES, 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 real estate, economic development, and financial analysis advisory 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 tinder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW TIIEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide site and local area analysis, market analysis, highest and best use analysis, assistance with negotiations and financial analysis, as set forth in Exhibit A, attached hereto and incorporated herein by this reference. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer programs; Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and voltimteer workers agree that (a) other such material may not be copyrighted without prior review 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 royalty - free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials.