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NOT ON FILE <br />)., c® <br />Y s=HI( tJ6 vvUIVIJIL <br />CONSULTANT AGREEMENT <br />A -2016 -198 <br />THIS AGREEMENT is made and entered into this 2nd day of August, 2016 by and <br />between SimplexGrinnell, a Tyco International Company licensed to do business in the State of <br />California (Consultant "), 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. The City desires to retain a consultant having special skill and knowledge in the <br />field of services and maintenance for the Santa Ana Police Department and Santa <br />Ana Jail access control system. <br />B. Consultant represents that it is able and willing to provide service and maintenance <br />of the Santa Ana Police Department and Santa Ana Jail access control system. The <br />parties acknowledge that services have been provided since October 1, 2015 and <br />the parties intend to include those services and payment for those services in this <br />Agreement. <br />C. In undertaking the performance of this Agreement, Consultant represents that they <br />are knowledgeable in its field and that any services performed by Consultant under <br />this Agreement will be performed in compliance with such standards as may <br />reasonably be 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 />Consultant shall perform such service and maintenance on the access control system at <br />the Santa Ana Police Department and Santa Ana Jail as outlined in the attached Exhibit "A ". To <br />the extent conditions in the attached Exhibit "A" conflict with terms in this Agreement, the <br />parties agree that this Agreement is primary. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />under this Agreement an amount not to exceed $14,746.00 per year for a total not to exceed <br />amount of $44,388 over the term of the entire agreement. The rates and charges are set forth in <br />Consultant's rates and charges included in the attached Exhibit "A ". <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 />