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ft ';'ANCF NOT ON FILE 'WORT: MAY �T PROCEED CLERK OF COUNCIL. N-2019-126 j UATE: AGREEMENT TO PROVIDE DESIGN AND PUBLIC EDUCATION AUa 0 5 I119 SERVICES FOR THE' RAITT AND MYRTLE PARK PROJECT VJ'_A_ et�"`3 k°y TI3TS AGREEMENT is made and entered into this 2nd day of July, 2019 by and between Orange County Coasticeepor ("Consultant"), and the City of Santa Aria, a charter city and, municipal corporation organized and existing under the Constitution and laws of the State of California ("City'). RECITALS A. The City desires to retain a consultant to provide design and public education services for the Raitt and Myrtle Park Project. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is Imowledgeable in its field and that any services performedby Consultant under this Agreement will beperfoimed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field.. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms' and conditions hereinafter set #bith, the parties agree as follows: 3. SCOPE OF SERVICES Consultant shall furnish the services that are described in Exhibit A to this Agreement. 2. COMPENSATION a, City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sutra to be expended during the term of this Agreement shall .not exceed $20,000, including any extension periods; b. Payment by City shall be made within thirty (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City, 3. TERM This Agreement shall commence on the date stated above and continue through July 1, 2021 unless terminated earlier in accordance with Section 14, below. `i'he tern of this Agreement may be extended for up to one 1-year period upon a writing executed by the City Manager and the City Attorney. 4, INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manor in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in Parse 9 of 7