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00 <br />0- <br />(4) PROFESSIONAL SERVICES AGREEMENT <br />WITH WILLIAM AVERY & ASSOCIATES, INC. FOR <br />Ci EXECUTIVE RECRUITMENT SERVICES <br />THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is <br />made and entered into as of this 16th day of April, 2018 ("Effective Date"), by and between <br />the CITY OF NEWPORT BEACH, a California municipal corporation and charter city <br />("City"), and WILLIAM AVERY & ASSOCIATES, INC., a California corporation <br />("Consultant'), whose address is 3 '/2 North Santa Cruz Avenue, Suite A, Los Gatos, <br />California 95030, and is made with reference to the following: <br />RECITALS <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 provide executive recruitment services <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 />1. TERM <br />The term of this Agreement shall commence on the Effective Date, and shall <br />terminate on April 15, 2021, unless terminated earlier as set forth herein. <br />2. SERVICES TO BE PERFORMED <br />2.1 Consultant shall perform the on-call services described in the Scope of <br />Services attached hereto as Exhibit A and incorporated herein by reference ("Services" <br />or "Work"). Upon written request from the Project Administrator as defined herein, <br />Consultant shall provide a letter proposal for Services requested by the City (hereinafter <br />referred to as the "Letter Proposal'). The Letter Proposal shall include the following: <br />2.1.1 A detailed description of the Services to be provided; <br />2.1.2 The position of each person to be assigned to perform the Services, <br />and the name of the individuals to be assigned, if available; <br />