NABIH YOUSSEF ASSOCIATES 5 - 2015

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INSt1RANOEON VILE WORK MAY PROCEED 3 91111,111111 c, EXPIRES 6-6LE i O O NCI. DATE: N dS 4 L CONSULTANT AGREEMENT A-2015 -103 FEB 2 9 2016 SANTA ANA PLANNING DEPT 'PHIS AGREEMENT made and entered into this 2 °s day of June, 2015 by and between Nabih Youssef Associates, 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 retabi a consultant having special shill and knowledge in the field of municipal plan checkseruices. B. Consultant represents that Consultant is able and willing to provicla 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 perfo fined by Consultant trader this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in lie field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the patties agree as follows; SCOPE OF SERVICES Consultant shall provide structural plan check services on request of the Executive Director of the Planning and Building Agency, for One .Broadway Plaza asset forth in Exhibit A, 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 form compatible with City's computer system, as agreed between the Executive Director acid Consultant. In regard to copyrightablematorial produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photognaphs, drawings and computer programs, Consultant agrees and shalt ensure that at] of Consultant's affected officers, employees, agents, contractors, and volunteer workers agree that (a) other such ntaleriat may not be copyrighted without prior review from the City, and (b) the authors of all such material, whother 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 govermitentat purposes to disclose, publish, translate, reproduce, and use such materials. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as totail payment for its services, the cumulative rates and charges identified in Exhibit A. The total sun to be expended under this Agreement shall not exceed $°75,000.00 d uring the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet file standards of performance set forth in the Recitals which may reasonably be expected by City.