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A-2008-277 <br />~~NSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRE4 <br />CLERK OF COUNCIL <br />-~•TG ~p_t3-C~S3 <br />AGREEMENT <br />for Maintenance and Repair <br />of Emer~ency Power Generators <br />2. oR~~ ~ <br />~^~ ~z,- <br />~ ~ r , THIS AGREEMENT, made and entered into this 6`h day of October, 2008 by and <br />between DIXIE DIESEL & ELECTRIC, INC., a California corporation (hereinafter <br />"Contracto"), and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the 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 />generator 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 />1. SCOPE OF SERVICES <br />Contractor shall perform maintenance and repair services for City's emergency power <br />generators, as set forth in Contractor's Proposal, attached hereto as Exhibit A, and incorporated <br />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 A. The total sum to be expended under this <br />Agreement shall not exceed $40,000.00 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 />