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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />/0- 1-.2007 <br />CLERK OF COUNCIL <br />DATE: 6.026 -47 <br />n -FMS ft. Q1 i2.$)c � <br />CONSULTANT AGREEMENT <br />A-2007-129 <br />THIS AGREEMENT, made and entered into this 4"' day of June, 2007 by and between <br />ACCO Engineered Systems Inc., (hereinafter "Consultant"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />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 />maintenance and repair of heating and ventilation systems. <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 />I. SCOPE OF SERVICES <br />Consultant shall maintenance and repair services for various mechanical systems, <br />including but not limited to air conditioning chillers, ductwork and cooling towers, and hot water <br />boilers. Said services shall be provided on an on-call basis, on the written authorization of the <br />Executive Director of Finance and Management Services, or his designated representative. <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 $165,000.00 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 June 30, <br />2008, unless terminated earlier in accordance with Section 12, below. The City shall have the <br />