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lives INSURANCE NOT ON FILE WORr:WORK MAY NOT PROCEED CLFF;CLERK OF COUNCIL DATE, DATE: A-2021-118-02 AGREEMENT WITH JAMES GARTNER & ASSOCIATES, ARCHITECTS, INC., a'. PM(ovow-km TO PROVIDE PRE -APPROVAL ACCESSORY DWELLING UNIT PLANS rom5-J "t THIS AGREEMENT is made and entered into on this 6th day of July, 2021 by and between James Gartner & Associates, Architects, Inc., a California corporation, ("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. On January 27, 2021, the City issued Request for Proposal 21-001 ("RFP") seeking proposals from qualified vendors to create and develop five accessory dwelling unit building plan sets for expedited permit processing and construction. B. Consultant is one of two vendors to timely submit a responsive proposal, which was selected by the City. Consultant represents that it is able and willing to provide such services to the City as described in the RFP and Consultant's proposal, which are incorporated by reference as though fully attached hereto. 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: 1. 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 neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation provided by all consultants selected under REP 2021-001 to perform shall not exceed an aggregate amount of $215,000 during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Pagel of 8