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N INSURANCE NOT ON FILE d WORK MAY NOT PROCEED A'2022-025-03 CLERK OF COUNCIL QE DATE: AGREEMENT TO PROVIDE ON -CALL ELECTRICAL REPAIR AND 6.MA (AYvA.4 dofiefn4"d1?T2)TT REHABILITATION SERVICES THIS AGREEMENT is made and entered into this 15th day of February 2022 by and between M Brey Electric, Inc., a California corporation ("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. On October 14, 2021, the City issued Request for Proposal No. 21-122, by which it sought a qualified contractor to provide on -call electrical repair and rehabilitations services for 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 21-122. 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. 21-122, 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 B. Contractor is one of two (2) contractors selected to provide services on an on -call basis under RFP 21-122. The total compensation for services provided by all contractors selected under RFP No. 21-122, including any extension period, shall not exceed the shared aggregate amount of six million dollars and zero cents ($6,000,000). 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. Page I of 10