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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />APPENDIX C - Draft Agreement <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />Pacific Coast Cabling <br /> <br />THIS AGREEMENT, is made and entered into this 30 of August, 2004, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California ("City") and Pacific Coast Cabling ("Contractor"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a contractor having special skill and knowledge in the field of <br />installation cabling services. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional firm in the field. <br /> <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 /> <br />1. SCOPE OF SERVICES <br /> <br />a. Contractor shall perform those services as set forth in Exhibit A "Proposal Response <br />Form" and Exhibit C "Request for Proposal" to this Agreement. <br />b. The City reserves the right to perform outside the terms and conditions of this contract <br />regarding the installation and/or maintenance of A vaya cabling systems under the A vaya Self- <br />Maintainer program. <br />c. The City may remove any Contractor employees not properly conduct himself7herself or <br />performing quality work at the discretion of the Information Services Manager. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A Proposal. THERE IS NO GUARANTEE AS TO THE <br />NUMBER OF TIMES THE CONTRACTOR WILL BE USED OR THE DOLLAR AMOUNT <br />THAT WILL BE EXPENDED WITH THE CONTRACTOR. In no event will the total sum to be <br />expended under this Agreement, exceed $450,000.00 during the term of this Agreement. <br /> <br />Page 24 of 34 <br />