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"A - ON FILE A-2021-036-02 gyp. PROCEED ,-uRANCE EXPIRES COUNCIL CONTRACTOR AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this 161h day of March, 2021 by and between ACCO Engineered Systems ("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 heating, ventilation, air conditioning (HVAC) repair services, including emergency call out services. 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: SCOPE OF SERVICES 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 Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for services performed under the Agreement at the rates and charges identified in Exhibit B. Contractor is one of five Contractors selected to provide HVAC repair services. Subject to subsection b. of this Section, the total aggregate amount, among the five contractors, shall not exceed the shared aggregate amount of $575,000 annually during the term of this agreement, including any extension periods. b. City agrees to pay, and Contractor agrees to accept as total payment for its services to the Santa Ana Police Department ("SAPD") Headquarters (only), the rates and charges identified in Compensation - Exhibit B. The total amount to be expended for services to SAPID Headquarters under this Agreement shall not exceed the annual sum of $59,880 during the term of this Agreement, including any extension periods exercised under Section 3. Page 1 of 11