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<br />. . ... <br />" INSURI\foICE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />0-1-0 <br />CLERK OF COUNCIL <br />DATE: lI-ßO.-04 <br /> <br />A-2004-238 <br /> <br />e.,~ FMS <br />(tot. CJti?i-) <br /> <br />CONSULTANT AGREEMENT <br /> <br />THIS AGREEMENT, made and entered into this IS tl"- day of ~DI/-enc..b-eY' , 2004 by <br />and between Simplex Grinnell, LP a California Corporation (hereinafter "Consultant"), and the <br />City of 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 /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />fire alarm maintenance, testing and inspection. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <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 ITom a professional consulting firm in the field. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in Exhibit A (Proposal for Fire Alarm <br />Testing, Inspection, and Preventative Maintenance) to this Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <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 $23,145.69 during the term of this Agreement. <br /> <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 /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />November 30, 2005 unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director ofthe <br />Finance Agency and the City Attorney. <br /> <br />, <br />