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..... A-2006-203 Y IR'\NCF ON FILE " FROCEED '" . IRF" iJi,ilL IN:;Uj\,\I\ICE EXP~,) . , n -( - () <0 _., ltV ~_--.----.,..~.~ cLf;.RK OF COUNCil DATE: ~, 31-0b CONSULTANT AGREEMENT o~ FInS C~) ('(ft.~) THIS AGREEMENT, made and entered into this 7th day of August, 2006 by and between Johnson Controls, a corporation (hereinafter "Consultant"), 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 maintenance and repair ofHV AC systems. 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 consulting 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 those services as set forth in Exhibit A to this Agreement. Consultant shall also install a Variable Speed Drive and Optiview Panel on Chiller #2, as set forth in Exhibit A-I to this Agreement. Additional services and/or upgrades may be provided upon the written authorization of the Executive Director of Finance and Management Services. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A and A-I, respectively. The total sum to be expended under this Agreement shall not exceed $87,712.00 during the term ofthis 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.