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e9� INSURANCE ONFIL� A-2020-158-37 WORK MAY UNTIL NSURANOCE EXPIRES a I— - -- CLERK OF COUNCIL DATE: CONSULTANT AGREEMENT CITY OF SANTA ANA PHIS AGREEMENT is hereby made and entered into on this 4L� day of November, 2020, by and between 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"), and Choura Events, a California corporation ("Consultant"). RECITALS A. On March 27, 2020, a special allocation of funds was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"), Public Law 116-136, Section 601(a) of the Social Security Act, to prevent, prepare for, and respond to the coronavirus ("COVID-19") pandemic. B. On August 4, 2020, the Santa Ana City Council authorized the City Manager to utilize CARES Act funding for various programs in response to the COVID-19 pandemic. C. Consultant has been selected by the City to receive CARES Act Funds in order to design and install custom constructed parklets in support of downtown Santa Ana businesses utilizing outdoor spaces. Consultant represents that it is qualified and willing to provide such services to the City, and certifies that the services provided with funds under this Agreement will meet the CARES Act's objectives to respond to this historic COVID-19 public health crisis. D. 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 design and construction consultant 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 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 Scope of Work attached hereto as Exhibit A and incorporated herein 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 the Compensation and Payment Schedule attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $750,000.00 during the term of this Agreement. Page 1 of 9