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AGREEMENT FOR HVAC SERVICES, MAINTENANCE, AND REPAIR <br />CITY OF SANTA ANA (POLICE ADMINISTRATION AND OTHER CITY FACILITIES) <br />THIS AGREEMENT is made and entered into this 15th day of March, 2016 by and between F.M. Thomas <br />Air Conditioning, Inc. ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation <br />organized and existing under the Constitution and laws of the State of California ( "City "). <br />RECITALS <br />A. On October 16, 2015, the City issued Request for Proposal No, 15 -114, by which it sought <br />proposals from qualified firms for HVAC services, maintenance, and repair at selected City <br />facilities. <br />B. Contractor submitted a responsive proposal that was among those selected by the City. Contractor <br />represents that it is able and willing to provide the services described in the scope of work that was <br />included in RFP No. 15 -114 as Exhibit A and that is also attached to this Agreement as Exhibit A, <br />C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable <br />in its field and that any services performed by Contractor under this Agreement will be performed <br />in compliance with such standards as may reasonably be expected from a professional contracting <br />firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform those services as may be directed by City at City's sole discretion, as set <br />forth in Exhibit A to this Agreement. Contractor's proposal is incorporated herein by reference. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services the <br />rates and charges identified in Exhibit B, The total annual sutra to be expended under this <br />Agreement shall not exceed $100,000 during the term of this Agreement. <br />b. Paymcnt by City shall be made within forty -five of days (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work that fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on March 15, 2016 and terminate on March 14, 2019, uulless <br />terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended <br />for one (1) one -year period upon a. writing executed by the City Manager and the City Attorney. <br />228'28 <br />