LEE, BRIAN H. AND SALLY SWANSON ARCHITECTS, INC. -2014

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INSURANCE ON FILE N -2014 -121 WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL DATE: SEP 1 5 ff 14 � k N?�: 1 CONSULTANT AGREEMENT '� c V/ 1 I'll IS AGRI EM ENT, made and entered into this 1 day of June, 2014 by and between Brian H. Lee; Architect a sole propriotorship and Sally Swanson Architects, Inc. (hereinafter collective referred to as "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 Certified Access Specialist (CASp) consulting services with special skill and knowledge in the field of disabled access compliance review. B. Consultant represents that Consultant N a Certified Access Specialist (CASp) and 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 his field and that any services performed by Consultant under this Agreement will be peri'onned in compliance with such standards as may reasonably be expected firm a professional CASp inspector. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform a transition plan to provide guidance on implementation of corrective actions in furtherance of complying with the findings in the "L.imited Disabled Access Compliance Review" dated December 11, 2013 related to the Bowers Museum facility. The details and particulars are as set forth in Consultant's Proposal dated April 15, 2014, attached as Exhibit, A to this Agreement, and incorporated by reference, 2, REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the City's Building Safety Manager, Gerald Caraig, and the representative of the Consultant shah be Brian 11. Lee. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement, 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's performance of the Compliance Review, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any