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INSURANCE UN FILE �i-2o21-162-0- WORK 10AY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL N DATE: AGREEMENT TO PROVIDE ON -CALL HVAC 01 Pwy` MAINTENANCE AND REPAIR SERVICES �i�fY1�lY�tJ THIS AGREEMENT is made and entered into this 17th day of August, 2021 by and between ABM �QthP)) Building Solutions, LLC ("Contractor"), and the City of Santa Ana, a charter city and municipal %�IfT corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On April 8, 2021, the City issued Request for Proposal No. 21-033, by which it sought a qualified contractor to provide on -call HVAC maintenance and repair services for the Water Resources Division of the City's Public Works Agency. B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP 21-033. 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 contracting 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 On an on -call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-033, which is attached as Exhibit A and incorporated in full, and as further described in Contractor's Proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of three (3) contractors selected to provide services on an on -call basis under RFP 21-033. The total annual compensation for services provided by all contractors selected under RFP No. 21-033 shall not exceed the shared aggregate amount of one hundred thousand dollars and zero cents ($100,000). b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of Pagel of 8