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JUL 1 3 2021 INSURANCE NOT ON FILE A-2021-031-02 WORK MAY NOT PROCEED CLERK OF COUNCILCONSULTANT AGREEMENT DATE: CITY OF SANTA ANA a'. COA-(51(v; w Auper-)(SA)�- THIS AGREEMENT is hereby made and entered into on this 81h day of July, 2021, 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 December 15, 2020, the Orange County Board of Supervisors allocated $10 million in General Funds equally between the five supervisorial districts for economic support initiatives for small businesses in response to COVID-19. B. The County of Orange granted the City of Santa Ana $500,000 for the expansion of its "Outdoor Safe Dining Program," to provide custom parklets for restaurants to mitigate the impacts of COVID-19 by expanding outdoor dining opportunities in designated commercial corridors along or within 500 feet of First Street or Seventeenth Street within the City's jurisdictional boundaries. C. Consultant has been selected by the City to receive County of Orange General Funds in order to design and install custom constructed parklets in support of 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 Outdoor Safe Dining Program 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 Proposal 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 Page 1 of 10