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WMEM <br />CITY OF SANTA ANA <br />REQUEST FOR PROPOSALS FOR ADVANCED METERING INFRASTRUCTURE FEASIBILITY <br />STUDY <br />SAMPLE AGREEMENT <br />THIS AGREEMENT, made and entered into this_ day of , 2014, by and <br />between , a sole proprietorship (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws <br />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 />XXXXXXXXXXXXXX <br />B. Consultant represents that Consultant is able and Willing to provide such scheduled <br />and on call services to the City. <br />C. On XXXXX, 20XX, the Water Resources Division of the Public Works Agency issued a <br />request for proposals (RFP) for water resources Advanced Metering Infrastructure Feasibility <br />Study. <br />D. In undertaking the performance of this Agreement, Consultant <br />knowledgeable in its field and that any services performed by <br />Agreement will be performed in compliance with such standards <br />expected from a professional consulting firm in the field. <br />represents that it is <br />Consultant under this <br />as may reasonably be <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows; <br />1. SCOPE OF SERVICES <br />Consultant shall provide work as described in XXXXXXXXXX. The scope of services is <br />attached hereto as Exhibit A and is incorporated by this reference to this Agreement. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work product which results from the services provided. Said <br />work product shall be submitted in a hard copy and produced in a form compatible with City's <br />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 limited <br />to, books, reports, plans, photographs, drawings, videotapes, and computer programs, Consultant <br />agrees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that <br />the authors of all such material, whether copyrighted or not, award to the City, and to its officers, <br />agents and employees acting within the scope of their official duties, as a condition of payment to the <br />Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, <br />translate, reproduce, and use such materials. <br />COMPENSATION <br />RFP 915 -008 — Advanced Metering Infrastructure Feasibility Study <br />2 R- 4 <br />