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INSUPPACE NUF ON FILE <br />WORK MAY NZ PROCEED <br />CLERK OF COUNCIL <br />DATE: NAR 1 0 2019 <br />y t\%/te- Cwcu" <br />AGREEMENT WITH HALL AQUATIC DESIGN <br />TO PROVIDE DESIGN SERVICES FOR <br />SANTA ANA ZOO EXHIBIT <br />N-2019-048 <br />THIS AGREEMENT EEMENT is made and entered into on this 23rd day of J artuary, 2019„ by and between <br />Hall Aquatic life Support Design Consultants, LLC;, a Creorgia limited Liability Company, <br />("Consultant"), and the City of Santa Ana, a chartercity and municipal corporation or,gam7ed and <br />existing under the Constitution and laws of the State of Calif tmia (' City') <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />design review said consultation services of s purposed giant otter exhibit at the Santa Ana <br />Zara for construction administration, start-up and commission consultation spaces <br />including short and long terrii operational and maintenance considerations and impacts for <br />the animals. zero staff and the public. <br />li, Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents dost it is <br />knowledgeable in Its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably he <br />expected f oro a professional consulting firth 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. SCOPEOFSERVICES <br />at, Consultant shall per -form during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools„ equipment, and iucidental customary work required <br />to fully and adequately complete the design and consultation services described and set <br />forth in Line Item #1 listed in the Proposal dated January 21, 2019, identified as Exhibit <br />A, attached hereto and incorporated by reference - <br />b. Consultant agrees and understunds that commencement of work regarding Items #2-4 <br />in Exhibit A arc subject to continuedfunding forthispr€oect. Csonttziencement ol7work <br />regarding any of these listed items shall be mutually agreed upon, in writing by both <br />patties. <br />2, COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City, the rates And charges identified in Exhibit A. The total aanount to be expended <br />under this agreement shall not exceed $13,0K contingent on funding for heir #'s 2-4, <br />including up to two (2) additional site visits for item 94, for tine tenni of this Agreement. , <br />