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Appendix E: Sample Agreement <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />THIS AGREEMENT, is made and entered into this , 2001, by and between the City <br />of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution <br />and laws of the State of California ("City") and ("Vendor"). <br />RECITALS: <br />A. The City desires to retain the services of Vendor to provide the City with wireless optical data <br />communications systems. <br />B. Vendor represents that Vendor is able and willing to provide such products and related services <br />to the City. <br />C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in <br />its field and that any services performed by Vendor under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting <br />firm in the field. <br />THEREFORE, in consideration of their mutual and respective promises, the parties hereto do hereby state <br />as follows: <br />1. Terms and Conditions <br />The term of this Agreement shall cover the period beginning on , 2001 and ending on <br />200 <br />All terms and conditions more fully set forth in the vendor's Proposal, (dated _), shall <br />have full force and effect in this Agreement. Said terms and conditions are attached hereto as Exhibit A, <br />and incorporated herein by reference. <br />The City will validate for parking (in the lot south of City Hall) for Vendor visits necessary to <br />perform the Scope of Services. <br />2. Scope of Services <br />The Vendor shall provide products and services as defined in Exhibit A. Any new products <br />subsequently announced and offered by the Vendor may be considered the City. The City may elect to <br />request such products in lieu of those listed in Exhibit A. Vendor would offer those new products at <br />pricing discounts consistent with the pricing levels offered in Exhibit A. <br />Compensation <br />The City will pay to Vendor total compensation under this Agreement which shall not exceed <br />Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />Page 12 of 18 <br />