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INSURANCE ON Flt WOAKMP1 UNTIL I^ RE5 0 fr/Ob CLERK OF COUNCIL DATE: J:CG�te``lrytor\r� A> CONSULTANT AGREEMENT N-2020-025 THIS AGREEMENT is made and entered into this 1st day of January , 2020, by and between Civitas Advisors, Inc., a California corporation ("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 ("City"). c RECITALS 0 `" A. The City desires to retain a consultant having special skill and knowledge in the formation of NTourism Marketing Districts. << B. Consultant represents that Consultant 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 its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. 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 assist the City and the Santa Ana Chamber of Commerce with formation of the proposed Santa Ana Tourism Marketing District ("SATMD") through a five -step process leading to successful SATMD formation. Specifically, Consultant shall perform during the term of this Agreement, the tasks and obligations, including all labor, materials, tools, equipment, and incidental customary work, required to fully and adequately complete the services described and set forth in the Proposal - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION A. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Section IV of Exhibit A. The total sum to be expended under this Agreement shall not exceed forty thousand dollars ($40,000.00) during the term of this Agreement, which shall include thirty-six thousand dollars ($36,000.00) in professional fees and up to four thousand dollars ($4,000.00) in various costs and expenses. B. 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 Authority.