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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL I U AN E EXPIRES A- 2003 -122 <br />CLE K D C NGIl: CONSULTANT AGREEMENT <br />DATE: <br />THIS AGREEMENT, made and entered into this % 11 day of �°��� -' ° , 2003 by <br />and between Johnson Control Inc., (hereinafter "Consultant "), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />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 />preventative maintenance and service for the Metasys Facility Management System at <br />the Santa Ana Police Administration and Housing Facility. <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 perform those services as set forth in Exhibit A (City of Santa Ana <br />Police Administration and Housing Facility Planned Service Agreement) to this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed $23,700.00 during the term of this Agreement. <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. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on July 31, <br />2004, with two options to renew for one year, unless terminated earlier in accordance with <br />