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<br />APPENDIX C - Draft Agreement <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br /> <br />THIS AGREEMENT, is made and entered into this _ of , 2004, by and between the <br />City of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California ("City") and ("Contractor"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a contractor having special skill and knowledge in the field <br />of installation cabling services. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such services to <br />the City. <br /> <br />C. In undertaking the performance ofthis 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 firm in the field. <br /> <br />NOW THEREFORE, in consideration ofthe mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br /> <br />1. SCOPE OF SERVICES <br /> <br />a. Contractor shall perform those services as set forth in Exhibit A "Proposal Response <br />Form" and Exhibit C "Request for Proposal" to this Agreement. <br />b. The City reserves the right to perform outside the terms and conditions of this <br />contract regarding the installation and/or maintenance of Avaya cabling systems under the Avaya <br />Self-Maintainer program. <br />c. The City may remove any Contractor employees not properly conduct himselflherself <br />or performing quality work at the discretion of the Information Services Manager. <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A Proposal. THERE IS NO GUARANTEE AS TO <br />THE NUMBER OF TIMES THE CONTRACTOR WILL BE USED OR THE DOLLAR <br />AMOUNT THAT WILL BE EXPENDED WITH THE CONTRACTOR. In no event will the <br />total sum to be expended under this Agreement, exceed $450,000.00 during the term ofthis <br />Agreement. <br /> <br />Page 25 of 35 <br />