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CONSULTANT AGREEMENT <br />THIS AGREEMENT made and entered into this 2151 day of February 2017, by and <br />between NAZCA ENGINEERING CONTRACTORS, INC., a California corporation (hereinafter <br />"Consultant"), and the CITY OF SANTA ANA, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California (hereinafter <br />"City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />engineering and structural repairs. <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 firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terns and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide engineering and structural repair services at prevailing wages at <br />Angels Park as set forth in Exhibit A and A-1 (the "Project"), attached hereto and incorporated <br />herein by this reference. <br />Consultant shall deliver to City all work product resulting from the services provided. <br />Said work product shall be submitted in a hard copy and in a form compatible with City's <br />computer system, as agreed between the Executive Director and Consultant. <br />In regard to copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings and computer <br />programs, Consultant agrees and shall ensure that all of Consultant's affected officers, <br />employees, agents, contractors, and volunteer workers agree that (a) other such material may not <br />be copyrighted without prior review from the City, and (b) the authors of all such material, <br />whether copyrighted or not, award to the City, and to its officers, agents and employees acting <br />within the scope of their official duties, as a condition of payment to the Consultant, a royalty - <br />free, nonexclusive, irrevocable license throughout the world for govermnental purposes to <br />disclose, publish, translate, reproduce, and use such materials. <br />LOV�S <br />