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APPENDIX C —Draft Agreement <br />AGREEMENT TO PROVIDE <br />CABLING SERVICES <br />THIS AGREEMENT made and entered into this 1 st day of September, 2013 by and <br />between (hereinafter "Contractor "), and the City of Santa Ana, a <br />charter city and municipal corporation, organized and existing under the Constitution and laws of <br />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 />installation cabling services. <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 those services as set forth in "City's Request for Proposal: <br />Cabling Services for the City of Santa Ana ", dated June 06, 2013, incorporated by reference, and <br />Contractor's REP Response, dated June 26, 2013, attached hereto as Exhibit A. <br />City may request the immediate removal of any Contractor employee not properly <br />conducting himself /herself or performing unsatisfactory work. <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 which may be expended under this <br />Agreement shall not exceed $45,000.00, per fiscal year, during the term of this Agreement. THE <br />CITY MAKES NO GUARANTEE AS TO THE NUMBER OF TIMES CONTRACTOR'S <br />SERVICES WILL BE REQUESTED OR THE TOTAL AMOUNT WHICH WILL BE <br />EXPENDED FOR SUCH SERVICES. <br />b. City will not validate parking. Parking fees shall be the responsibility of Contractor. <br />c. Contractor shall submit monthly invoices with a detailed statement of services <br />performed and the quantity of products /materials provided during the period for which payment <br />Page 25 of 36 <br />