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.. ,;;:c,O;\Nl, eN mE N-2003-131 WORK'M/.. ciiOCEED 1],,; .,. ,,\olJkANCE EXPIRES I). '3/-03 CLER K OF COUNCIL DATE, /I-;;1-Q3 CONSULTANT AGREEMENT t. eM THIS AGREEMENT, made and entered into this j:5l""daYOf ,2003 by (C. H.11.erkn) and between Schindler Elevator Corp, a California corporation (hereinafte "Cons ltant"), 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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of elevator maintenance and repair. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Consultant shall perform preventive maintenance and repair services for two elevators, one located in the building and one in the parking structure at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd., Santa Ana, California. Preventive maintenance shall be performed once per month on each elevator. If either elevator requires repair work outside the scope of preventative maintenance, Consultant shall submit a written proposal for performing said repair work, including cost and time frame for said repair. The Executive Director of the Community Development Agency may accept, reject or negotiate said proposal. When Consultant receives a written authorization to perform said work, it shall commence work immediately. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $406.00 per month. The total sum to be expended under this Agreement shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 performance set forth in the Recitals which may reasonably be expected by City.