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EXHIBIT 1 <br />AGREEMENT TO PROVIDE ON -CALL GENERATOR <br />MAINTENANCE AND REPAIR SERVICES <br />THIS AGREEMENT is made and entered into this 17th day of August, 2021 by and between <br />Duthie Power Services ("Contractor"), and the City of Santa Ana, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California <br />("City"). <br />RECITALS <br />A. On April 5, 2021, the City issued Request for Proposal No. 21-034, by which it <br />sought a qualified contractor to provide on -call generator maintenance and repair <br />services for the Water Resources Division of the City's Public Works Agency. <br />B. Contractor submitted a responsive proposal that was among those selected by the <br />City. Contractor represents that it is able and willing to provide the services <br />described in the scope of work that was included in RFP 21-034. <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional contracting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />On an on -call basis, and at the City's sole discretion, Contractor shall perform the services <br />described in the scope of work that was included in RFP No. 21-034, which is attached as Exhibit <br />A and incorporated in full, and as further described in Contractor's Proposal, which is attached as <br />Exhibit B and incorporated in full. <br />2. COMPENSATION <br />a. City neither warrants nor guarantees any minimum or maximum compensation to <br />Contractor under this Agreement. Contractor shall be paid only for actual services <br />performed under this Agreement at the rates and charges identified in Exhibit B. <br />Contractor is one of two (2) contractors selected to provide services on an on -call <br />basis under RFP 21-034. The total annual compensation for services provided by <br />all contractors selected under RFP No. 21-034 shall not exceed the shared aggregate <br />amount of one hundred thousand dollars and zero cents ($100,000). <br />b. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of <br />Page 1 of 8 <br />