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<br />. .', .....,..... <br />A'.~lm~?,.;1; ~ <br />~ ,,,...;;ull~"~' 'c. ':.':' J" <br />. W"",F.\:;{ <br />VJVt"t;.t'l.. <br /> <br /> <br />\\,c\ f. <br />" ,,"~ <br /> <br />" ',"',,',,::",", !,t'}~;U '-',J <br />., tli ;~, ~~::,4."\Sol'tr.~ <br />>>'" ~':>>'If;'; /-\ <br />t~ :J ~l. y'~ "'~O '=- t <br />.. ;' <br /> <br />I () ~ O~ ---U~ CONSULTANT AGREEMENT <br /> <br />"'-'" <br /> <br />A-2001-156 <br /> <br />""".".t~;" <br />\.if1\4 )..,. <br /> <br />. . <br />, <br /> <br />THIS AGREEMENT, made and entered into this I~ J. day Of~~ ,2001 by <br />and between Siemens Building Technologies, Inc. a Delaware Corporaf (h mafter <br />"Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECIT ALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />maintenance and service for energy and heating ventilating and air conditioning control <br />systems. <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 from a professional consulting 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 />Consultant shall perform those services as set forth in Exhibit A to this Agreement. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the ra~s and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed $16,800.00 annually 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. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2002, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended for two one-year extensions, in an annual amount not to exceed <br /> <br />1 <br />