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A-2009-196 <br />ON <br />tiN Vt <br />VdpRKMAY PRG?E ,, , . <br />UNTIL INS?a:` <br />CONTRACTOR AGREEMENT <br />rLERK 0 ' <br />I?hTG /j <br />THIS AGREEMENT, made and entered into this 7`h day of December, 2009 by and <br />between Siemens Building Technologies, Inc. (Fire Safety Division), a California Corporation <br />(hereinafter "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 (hereinafter <br />"city"). <br />RECITALS <br />A. The City desires to retain a Contractor having special skill and knowledge in <br />-? maintenance and repair of fire alarm systems. <br />r <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 fire alarm maintenance and repair services for the Police <br />Administration and Holding Facility, as set forth in Exhibit A, attached hereto. City may require <br />additional services or parts, which may be approved by a writing executed by the Executive <br />Director of Finance and Management Services or his designee. <br />2. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its test and <br />inspection services, an annual fee of $28,975.00, payable in quarterly payments of $7,243.75. <br />If additional parts or services are necessary, said services shall be provided at the rates set forth <br />in Appendix A "Discounted Labor & Material Pricing (Active Service Agreement Customers). <br />Additional parts shall be priced pursuant to Contractor's Parts Price List on file with the City's <br />Building Maintenance Superintendent. The total sum to be expended under this Agreement shall <br />not exceed $38,000.00, annually, during the term of this Agreement. <br /> <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