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PROFESSIONAL SERVICES AGREEMENT <br />WITH SCHMITZ & ASSOCIATES FOR <br />ADVOCACY FOR NEWPORT HARBOR PORT MASTER PLAN <br />THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and <br />entered into as of this 27th day of March, 2018 ("Effective Date"), by and between the <br />CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), <br />and SCHMITZ & ASSOCIATES, a California corporation ("Consultant"), whose address <br />is 28118 Agoura Road, Suite 103, Agoura Hills, California 91301, and is made with <br />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 advocate on City's behalf before the <br />California Coastal Commission and California State Legislature regarding <br />Assembly Bill ("AB") 2464 (Harper), which relates to establishing a Port Master <br />Plan for Newport Harbor ("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 July 31, 2018, 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 />