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INSURANCE NOT ON FILE N-2020-154 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />N DATE: /zi� a G MENT TO PROVIDE ON -CALL DEVELOPMENT PLAN CHECK SERVICES <br />C1Lormr 4e kec� i_p-, <br />THIS AGREEMENT is made and entered into this 1st day of September, 2020 by and between Gong <br />Enterprises, Inc., ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing tinder the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a Consultant having special skill and knowledge in the field of <br />on -call Development Plan Check Services for the Public Works Agency. <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment <br />and incidental customary work required to fully and adequately complete the services described and set <br />forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services under <br />this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended <br />under the term of this Agreement, including any extension period, shall not exceed <br />$50,000. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need <br />not be made for work which fails to meet the standards of performance set forth in the <br />Recitals and Scope of Work, which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on August 31, 2021, <br />unless terminated earlier in accordance with Section 17, below. The tern of this Agreement may be <br />extended for one I -year period upon a writing executed by the City Manager and City Attorney. <br />Page 1 of 8 <br />