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INSURANCE NOT ON FILE A-2019-002 WORK MAYbEPROCEED CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE MAINTENANCE �WRC I Y14KAVOL sinwn d..l AND REPAIR SERVICES THIS AGREEMENT is made and entered into on this 181h day of December, 2018 by and between aGILBARCO INC., a Delaware corporation, doing business under the GasboyTM brand and located at°7300 West Friendly Avenue, Greensboro, NC 27410 ("Consultant" or "Gasboy"), and the City J rn of Santa Ana, a charter city and municipal corporation organized and existing under the o Constitution and laws of the State of California ("City" or "Customer"). N O RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing maintenance and repair services to the City's fuel management system B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant 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 Consultant 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 Exhibit A and C, attached hereto and incorporated by reference, and pursuant to these terms and the Additional Terms and Conditions set forth in Exhibit D, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant 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 $38,170. b. Payment by City shall be made within 30 days (thirty) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Subject to the terms and conditions herewith, payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City.