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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: fa -3l -os <br />CONSULTANT AGREEMENT <br />D: Pbd- 1�1 <br />A-2005-244 <br />(t xats� THIS AGREEMENT made and entered into this 17`h day of October, 2005 by and <br />between EsGil Corporation, a California corporation (hereinafter "Consultant"), and the City of <br />Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />municipal plan check services. <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 consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Consultant shall provide plan check services on request of the Executive Director of the <br />Planning and Building Agency, as set forth in Exhibit A, attached hereto. <br />Consultant shall deliver to City all work product resulting from the services provided. <br />Said work product shall be submitted in a hard copy and in a form compatible with City's <br />computer system, as agreed between the Executive Director and Consultant. <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />sixty-five percent (65%) of the applicable plan check fee charged by City. The total sum to be <br />expended for Plan Check services by all Consultants shall not exceed the $900,000.00 aggregate <br />amount approved by City Council on October 17, 2005. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Consultant may <br />charge fifty percent (50%) of the total fee upon submission of the initial plan check report and <br />