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INSURANCE NOT ON FILE WORK MAY NQT PROCEED N-2019-029 CLERK OF COUNCIL ® DATE: FEB 0 4 2019 N%-) AGREEMENT WITH GONG ENTERPRISES FOR PLAN CHECK SERVICES THIS AGREEMENT is made and entered into this 22nd day of January 2019, by and between Gong Enterprises, Inc. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional plan checking services to be performed for the Water Resources Division of the Public Works Agency. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed $25,000, during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written and terminate on January 21, 2020, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one 1 -year period upon a writing executed by the City Manager and City Attorney. Page 1 of 8