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INSURANCE NOT ON FILE N-2012-051 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNC?L2p12 <br />DATE: MAY 2 <br />Q pW?/w? ! Z? AGREEMENT FOR PROVISION OF <br />ELECTRICAL ENGINEERING SERVICES <br />N ab-? I Saba <br />THIS AGREEMENT, made and entered into this 24`h day of April, 2072 by and between <br />Thermotest, Inc., a California corporation (hereinafter "Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 />electrical engineering to provide safety inspections and certification of the City's <br />pumping stations. <br />B. Contractor represents that it is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor 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 />terms and conditions hereinafter set forth, the parties agree as follows: <br />I. SCOPE OF SERVICES <br />Contractor shall perform CaIOSHA approved electrical safety inspections and <br />certifications of the City's pumping stations switch gear and motor control centers, including <br />Infrared Inspections of the electrical systems at pumping stations, as well as providing Arc Flash <br />Training for City employees, as set forth in Contractor's Proposal dated April 4, 2012, attached as <br />Exhibit A, and incorporated by reference. <br />2. DELIVERY OF WORK PRODUCT -OWNERSHIP <br />[n regard to all material produced as a deliverable under this Agreement, including but <br />not limited to records, papers, drawings, specifications, programs, systems and other materials <br />prepared by Contractor, Contractor agrees, for itself and its affected officers, employees, agents, <br />contractors, and volunteer workers, that (a) other such material shall be the property of the City, <br />and may not be copyrighted without prior review from the City, and (b) the authors of all such <br />material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br />acting within the scope of their official duties, as a condition of payment to the Contractor, a <br />royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to <br />disclose, publish, translate, reproduce, and use such materials. <br />COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibits A. The total sum to be expended under this <br />Agreement shall not exceed $25,000.00 during the term of this Agreement.