NAKA ENGINEERING CONTRACTORS - 2017

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t� Lax- C3 C- j F - 66 A-2017-035 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 21" day of February 2017, by and between NAKA ENGINEERING & CONSTRUCTION, 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 skull and knowledge in the field of engineering and structural repairs. 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 tenns and conditions hereinafter set forth, the parties agree as follows: I. ,SCOPE OF SERVICES Consultant shall provide engineering and structural repair services at prevailing wages at Angels Park. as set forth in Exhibit A (the "Project"), 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 forrn compatible with City's computer system, as agreed between the Executive Director and Consultant. In regard to copyrightabte material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings and computer prograrns, Consultant agrees and shall ensure that all of Consultant's affected officers, employees, agents, contractors, and volunteer 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.