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INSURANCE ON FILE N-2009-149 <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />[SATE: ~E~ $ ZOfQ MAINTENANCE AGREEMENT <br />O: Pol'~ce C2~ <br />(LoY~ •$~'~'~ THIS AGREEMENT, made and entered into this 27th day of August, 2009 by and <br />Jo h-'~ between Meggitt Training Systems, Inc., a Georgia corporation, (hereinafter "Consultant"), and <br />Gab~~n the 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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing the City with maintenance and repair for the City's target conveying systems. <br />B. Consultant shall submit an invoice fox each completed service, including parts. <br />C. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br />D. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable iri 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, inconsideration 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 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 mates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $25,000 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 nat <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 July 22, 2009, and terminate on July 22, 2010, or <br />upon the expenditure of funds, unless terminated earlier in accordance with Section 12, below. <br />The term of this Agreement may be extended upon a writing executed by the Chief of Police. <br />