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N <br />PROFESSIONAL SERVICES AGREEMENT <br />WITH HARRIS MILLER MILLER & HANSON INC. FOR <br />r JOHN WAYNE AIRPORT — AIRCRAFT NOISE ABATEMENT DEPARTURE <br />U PROCEDURE (NADP) ANALYSIS <br />THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement') is made and <br />entered into as of this 19th day of February, 2018 ("Effective Date"), by and between the <br />CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), <br />and HARRIS MILLER MILLER & HANSON INC., a Massachusetts corporation <br />("Consultant'), whose address is 77 South Bedford Street, Burlington, Massachusetts <br />01803, 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 aircraft noise abatement departure <br />procedure (NADP) analysis for John Wayne Airport ("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 June 30, 2019, unless terminated earlier as set forth herein. <br />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 />3. TIME OF PERFORMANCE <br />3.1 Time is of the essence in the performance of Services under this Agreement <br />and Consultant shall perform the Services in accordance with the schedule included in <br />