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A-2007-038 <br />(— / —08 <br />'�— 3 -D'7 CONTRACTOR AGREEMENT <br />d: 11�l / 6)-) <br />THIS AGREEMENT, made and entered into this 5 ° day of February, 2007 by and <br />between Schindler Elevator Corporation, a California corporation (hereinafter "Contractor"), 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 />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />elevator maintenance and repair. <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 />SCOPE OF SERVICES <br />Contractor shall design and construction services to update the elevator at the Santa Ana <br />Depot, as set forth in City's RFP Elevator Modernization Design and Construction, dated <br />November 20, 2006, attached as Exhibit A, and Contractor's Proposal, including Option A, dated <br />December 19, 2006, attached as Exhibit, both incorporated by reference. <br />2. COMPENSATION <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 B. The total sum to be expended under this <br />Agreement shall not exceed $62,747 during the term of this Agreement. <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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2007, unless terminated earlier in accordance with Section 12, below. The term of <br />