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r <br />r PROFESSIONAL SERVICES AGREEMENT <br />1 <br />U WITH SCHMITZ & ASSOCIATES FOR <br />CONSULTING SERVICES RELATING TO CALIFORNIA COASTAL COMMISSION <br />CERTIFICATION OF AMENDMENT TO CITY OF NEWPORT BEACH'S LOCAL <br />COASTAL PROGRAM AND COASTAL DEVELOPMENT PERMIT <br />THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is <br />made and entered into as of this 20th day of October, 2017 ("Effective Date"), by and <br />between the CITY OF NEWPORT BEACH, a California municipal corporation and charter <br />city ("City"), and SCHMITZ & ASSOCIATES, a California corporation ("Consultant'), <br />whose address is 5234 Chesebro Road, Suite 200, Agoura Hills, California 91301, and is <br />made with reference to the following: <br />NxarrAN61 <br />A. City is a municipal corporation duly organized and validly existing under the laws <br />of the State of California with the power to carry on its business as it is now being <br />conducted under the statutes of the State of California and the Charter of City. <br />B. City desires to engage Consultant to advise and represent the City before the <br />California Coastal Commission to gain certification of an amendment to the City's <br />certified Local Coastal Program and approval of a coastal development permit for <br />the East Ocean Front Encroachment and Removal and Replacement Program <br />('Project'). <br />C. Consultant possesses the skill, experience, ability, background, certification and <br />knowledge to provide the professional services described in this Agreement. <br />D. City has solicited and received a proposal from Consultant, has reviewed the <br />previous experience and evaluated the expertise of Consultant, and desires to <br />retain Consultant to render professional services under the terms and conditions <br />set forth in this Agreement. <br />NOW, THEREFORE, it is mutually agreed by and between the undersigned parties <br />as follows: <br />TERM <br />The term of this Agreement shall commence on the Effective Date, and shall <br />terminate on November 1, 2019, unless terminated earlier as set forth herein. <br />2. SERVICES TO BE PERFORMED <br />Consultant shall diligently perform all the services described in the Scope of <br />Services attached hereto as Exhibit A and incorporated herein by reference ("Services" <br />or "Work"). City may elect to delete certain Services within the Scope of Services at its <br />sole discretion. <br />