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CONTRACTOR AGREEMENT <br />CITY OF SANTA ANA <br />THIS AGREEMENT is made and entered into this 16th day of March, 2021 by and between <br />Envise ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor to provide heating, ventilation, air conditioning <br />(HVAC) repair services, including emergency call out services. <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <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 be <br />expected from a professional consulting 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 />Contractor shall perform during the term of this Agreement, the tasks and obligations <br />including all labor, materials, tools, equipment, and incidental customary work required to fully <br />and adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference. <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 services performed <br />under the Agreement at the rates and charges identified in Exhibit B. Contractor is one <br />of five Contractors selected to provide HVAC repair services. The total aggregate <br />amount, among the five contractors, shall not exceed the shared aggregate amount of <br />$575,000 annually during the term of this agreement, including any extension periods. <br />b. Payment by City shall be made within 45 days (forty-five) 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 performance <br />set forth in the Recitals which may reasonably be expected by City. <br />Page 1 of 10 <br />