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INSURANCE ON FILE N-2022-043 WORK MAY PROCEED UNTIL INSURANCE EXPIRES ra 0 CLERK OF COUNCIL DATE: CITY OF SANTA ANA AGREEMENT WITH SILVER & WRIGHT LLP TO PROVIDE ADMINISTRATIVE HEARING SERVICES FEB 17 2022, THIS AGREEMENT is made and entered into on this 18th day of February 2022 by and between Silver & Wright LLP, a California limited liability partnership ("S&W"), 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 an administrative hearing officer having special skill and knowledge to serve as a neutral administrative hearing officer and provide on -call professional administrative hearing services for the City. B. S&W represents that S&W is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, S&W represents that it is knowledgeable in its field and that any services performed by S&W under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 S&W shall provide on -call neutral administrative hearing services as requested by the Executive Director of the Planning and Building Agency. S& W 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 on -call neutral administrative hearing services as described in further detail in Exhibit A, attached hereto. 2. COMPENSATION a. City agrees to pay, and S&W 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 during the term of this Agreement shall not exceed Forty -Nine Thousand Dollars and Zero Cents ($49,000). b. Payment by City shall be made within 45 (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 above and terminate on February 17, Page 1 of 9