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<br />" <br />. <br /> <br />:;.SÜRÞ.NCEtiQi ON FILE <br />WORK MÞ.Y NOT PROCEED <br />CLERK OF COUNCIL <br />DAif:. ð ~,/"o1 <br /> <br />A-2004-019 <br /> <br />CONSULTANT AGREEMENT <br /> <br />c,:Þb <br />h'¡q¡J... <br /> <br />THIS AGREEMENT, made and entered into this 2 day of fi"ß,WAÂ( ,2004 by <br />and between MGE UPS Systems, Inc., a California corporation (hereinafter "Consultant"), and <br />the City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />providing maintenance and repair work on uninterruptible power systems. <br /> <br />B. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected ftom a professional consulting firm in the field. <br /> <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 /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform those services as set forth in the Equipment Schedule submitted <br />by Consultant, attached hereto as Exhibit A to this Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement, shall not exceed $14,675.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and shall last for the term <br />of one (1) full year, unless terminated earlier in accordance with Section 12, below. City shall <br />have the option to renew this agreement for 2 additional one year terms at the prices identified in <br />