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fNSURANCEON FILE N-2006-115 <br />WOAKMAYPROCEED <br />UNiQINSURANCEEXPIRES <br />7-~~1-a_7 <br />CLERK OF COUNCIL <br />OA7E: ~,p_ y_U6 <br />PWA (a) CONSULTANTACRF.EMENT <br />CDa~,d Pal <br />THIS AGREEMENT, made and entered into this 91h day of November, 2006 by and <br />between Mullen & Associates, Lnc., a California corporation (hereinafter "Consultant"), and the <br />City of Santa Ana, a charter city and municipal corporation organized and existing wider the <br />Constitution and laws of the State of California (hereinafter `"City'"). <br />RECITALS <br />A. The City desires to hire a Consultant to provide lighting and electrical design services <br />for various cshibits at the Santa Ana Loo. <br />B. Consultant represents that it is able and willing to provide such scrviccs to the Ciry_ <br />C In undertaking the performance of this Agrccmcnt, Consultant represents that it is <br />knowledgeable in its ticld and that any scrviccs pcrCornted by Consultant under this <br />Agrccmcnt will he performed incompliance with such standards as may reasonably he <br />cxpcelcd Crum a professional consulting firm in the field. <br />NOW THEREFORE, in consideration ofthc unrtual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />SCOPE OF SERVICES <br />Consultant shall provide lighting and electrical desist scrviccs for various sites in the <br />Santa Ana Zoo, as set forth in Exhibit A, attached hm~etn. <br />2. OWNERSHIP OF MATERIALS <br />a. Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by Consultant, pursuant to this Agreement shall be the property of the C'iry, <br />Consultant agrees to provide City with any such materials whenever requested to do so. The <br />City agrees.. however, that plans, drawings or other work product may be used only for the <br />project described herein. <br />b. Fxcep[ as set fotth in section 2.c., below, scrviccs, papers and documents provided by <br />Consultant pursuant to or arising out of this Agreement are for the cxchisive use uC the City Cor <br />this project only and may not be reused for other projects by the City without Consultant's <br />written consent. Preliminary and other unsigned plans and drawings aro nol intended to be used <br />for construction. All final plans will be signed The Consultant is not responsible for' plans not <br />signed by the Consultant. <br />c. City may utili~c said plans, specificaliuns and documents in connection with the <br />future. expansion or rcmodd of the Santa Ana Zoo. City shall release Consultant from liability <br />