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AGREEMENT TO PERFORM CONFIDENTIAL PROFESSIONAL SERVICES <br />This agreement for the provision of a confidential facilities condition assessment <br />("Agreement") is made and entered in this 24th day of August, 2021 ("Effective Date"), by and <br />between the City of Redlands, a municipal corporation ("City") and Miller Architecture <br />Corporation, an architectural corporation ("Consultant") City and Consultant are sometimes <br />individually referred to herein as a "Party" and, together, as the "Parties " In consideration of the <br />mutual promises contained herein, City and Consultant agree as follows <br />ARTICLE 1 — ENGAGEMENT OF CONSULTANT <br />1 1 City hereby engages Consultant to provide confidential professional facility assessment <br />services for City (the "Services") <br />1.2 The Services shall be performed by Consultant in a professional manner, and Consultant <br />represents that it has the skill and the professional expertise necessary to provide the <br />Services to City at a level of competency presently maintained by other practicing <br />professional consultants in the industry providing like and similar types of Services <br />ARTICLE 2 — SERVICES OF CONSULTANT <br />2 1 The Services that Consultant shall perform are more particularly described in Exhibit <br />"A," titled "Scope of Services," which is attached hereto and incorporated herein by <br />reference. <br />2.2 Consultant shall comply with applicable federal, state and local laws and regulations in <br />the performance of this Agreement including, but not limited to, any applicable State <br />prevailing wage laws <br />2 3 Consultant shall provide all reports, documents, communications, and data associated <br />with the Services to City's City Attorney, or the City Attorney's authorized designee. All <br />such reports, documents, communications, and data shall be considered strictly <br />confidential, and shall be treated as protected by the attorney work -product doctrine All <br />such information and any written product in connection with Consultant's Services shall <br />be marked as "Confidential/Attorney-Work Product." <br />ARTICLE 3 — RESPONSIBILITIES OF CITY <br />3 1 City designates Daniel J McHugh, City Attorney, as City's representative with respect to <br />performance of the Services, and such person shall have the authority to transmit <br />instructions, receive information, interpret and define City's policies and decisions with <br />respect to performance of the Services <br />ARTICLE 4 — PERFORMANCE OF SERVICES <br />4 1 Consultant shall perform and complete the Services in a prompt and diligent manner <br />Consultant shall complete the Services by September 3, 2021, unless the Services are <br />terminated earlier as provided for herein. <br />1 <br />L:\ca\djm\Agreements\Miller Architectural Agreement.PS-1 1.FY21-0023.doc.jn <br />