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NSURANCE NOT ON FILE WORK MAY PROCEED CLERK OF COUNCIL N-2018-145 DATED )a r z 2a1� AGREEMENT WITH CONTROL CONCEPTS INC TO PROVIDE MAINTENANCE SERVICES FOR WATER RESOURCES ON AN AS NEEDED BASIS THIS AGREEMENT is made and entered into this 16 day of May, 2018 by and between Control Concepts Inc ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Contractor to provide repair and maintenance services on Programmable Logic Controller ('PLC's) HMI, and Variable Frequency Drives (VFD's) as heeded by the Water Resources Division. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. b. Contractor shall provide, at the sole discretion and request of the City, services related to provide repair and maintenance services on Programmable Logic Controller (PLC's), HMI, and drives as needed by the Water Resources Division. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended under this Agreement shall not exceed $25,000 during the term of this Agreement, including any additional costs for work performed at the sole direction of the City. b. Contractor shall provide separate quotes, upon request by the City, for services regarding Section l.b. above, which shall be approved the City's Public Works Agency prior to commencement of services. Page 1 of 10 Non -Fed Funding (9.20.2017)