HomeMy WebLinkAboutSIEMENS INDUSTRY, INC. - 2013A- 2013.155
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MAINTENANCE AGREEMENT
THIS MATNTENANCP, AGREEMENT, made and entered into this 16 "' day of
September, 2413 by and between Siemens industry, ,Inc. (Building Technologies Division), a
Delaware Corporation, hereuzafter ( "Consultant " ), and the City of Santa Ana, a charter city and
municipal corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City"),
ri
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
administering, maintaining and testing the fire alarm system at the Santa Ana Police
Department and repairing and maintaining the HVAC System at all City buildings.
B; City and consultant had a contract since 2009 with amendments to the contract in 2010
and 2011 to provide fire alarm maintenance and repair services at the Santa Ana Police
Department. The parties intended to amend the contract for a final year in 2012 but it
was not done. However, consultant continued to provide services and City continued to
utilize consultant's services daring January 2013 to the present. City and consultant
intend to memorialize their intention to continue with the agreement until December 31,
2013 by way of this Building Maintenance Agreement.
C. Consultant represents that it is able and willing to continue to provide such services to
the City,
D. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm m the field,
NOW THKREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth; the parties agree as follows:
1. SCOPE OF SERVICES
A. Consultant shall perform such fire alarm, administration, maintenance and testing
on the fire alarm system at the Santa Ana Police Department as outlined in the attached Exhibit
"A "; and
B, Consultant shall perform such services as may become necessary for maintenance
and repair of the City's HVAC system and as requested by City at the prices set forth in the
attached Exhibit "B" entitled Price List.
Z. COMPENS:A,TION
A, Consultant shall perform such fire alarm administration, maintenance and testing
on the fire alarm system at the Santa Ana Police Department as outlined in the attached Exhibit
"A" as needed and will bill the City on a quarterly basis at a rate of $7;915 a quarter for a total
amount of $31,660 as set forth in the attached Exhibit "C'; and
B, Consultant shall perform such services as may become necessary for maintenance
and repair of the City's HVAC system and as requested by City at the prices set forth in the
attached Exhibit "B" entitled Price List, specifically ASA Customer Rates, for a total amount not
to exceed $30,000.
3. TERM
This Agreement shall commence on the date first written above and terminate on
December 31, 2013, unless terminated earlier in accordance with Section 12, below, The term of
this Agreement shall include services previouslyprovided since January 1, 2013 to the date of
this Agreement:
4. INDEPENI>ENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City This Agreement is not intended nor
shall it be construed to create an employer - employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing
:such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes:
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any ; ;to obtain and maintain instivanccas
described below:
2
a. Commercial General Liability Insurance, Consultant shall maintain commercial general
liability insurance which shall include, but not be limited to protection against claims arising ffom bodily
and personal injury, including death resulting there from and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be trot less than the following,
single limit coverage applying to bodily and personal injury, including death resulting there front, and
property damage, in the total amount of $1;000,000 per occurrence, $2,000,000 in the aggregate. Such
insurance shall (a) name the City; its officers, employees, agents, volunteers and representativcs as
additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance
programs maintainer{ by the City; and (c) contain standard separation of insured's provisions,
b. Business automobile liability insurance, or equivalent form, with a combined single limit of
not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
non -owned automobiles.
c. Worker's Compensation Insurance, In accordance with file provisions of Section 3700 of the
Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
worker's compensation or to undertake self - insurance, Prior to commencing the performance of the work
under this Agreement, Consultant agrees to obtain and maintain any employee's liability insurance with
limits not less than $1 ,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of not less than
$1,000,000 per claim.
C. The following requirements apply to the insurance to be provided by Conniltant
pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon execution of
this Agreement and shall be approved in form by the City Attorney,
(iii) Certificates and policies shall state that the policies shall not be canceled
or reduced in coverage or changed in any other material aspect without
thirty (30) days prior written notice to the City.
e. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refiises to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to forthwith
terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its
time and materials expended prior to notification of termination. Consultant waives the right to
receive compensation and agrees to indemnify the City for any work performed prior to approval
of insurance by the City,
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
employees, consultants, special counsel, and representatives froth, liability: (1) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, 'including death, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services deseeibed'n
section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution judicial or equitable relief is Clue by reason of the teams of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all clahns
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement, The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
of this Agreement; or asserting that personal injury, damages, just compensation, restitution,
judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
effects arising from this Agreement. City may make all reasonable decisions with respect to its
representation in any legal proceeding:
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature bE such
'information is reasonably understood to be confidential and/or proprietary, Consultant agrees
that it shall not use or disclose such information except in the perforinance of this Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like impoitanco, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic informatioon. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to :any information that (a) has been disclosed in publicly available sources; (b) is;
through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without all obligation of confidentiality; (d) is required to be
disclosed by operation of law or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
Consultant shall keep all medical information confidential and shall comply with all state
and federal laws, including but not limited to, privacy laws including HIPPA. If Consultant
becomes aware of a breach of security regarding confidential medical information obtained as a
result of this Agreement, Consultant will notify City and the effected individual in writing
immediately and no less than five (5) days thereafter,
&. CONFLICT OFIINTEREST CLAUSE
Consultant covenants that it presently has no interests and shall, not have interests; direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement,
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be In writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702.1988
Facsimile (7.14) 647 -6956
With courtesy copies to:
and
To Consultant:
Chief of Police
Santa Ana Police Department
City of Santa Ana
60 Civic Center Plaza (M -97)
P.O, Box 1988
Santa Ana, California 92702
Facsimile (714) 245 -8007
City Attorney
City of Santa Ana
20 Civic Center Plaza (M -29)
P.O. Box 1988
Santa Ana, California 92702
Facsimile (714) 647 -6515
Siemens industry, Inc., (Building Technologies Division)
10775 Business Center Drive
Cypress, California 90630
Facsimile (714) 761 -0274
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United $rates mail, duly registered or certified, with postage prepaid, and
addressed as set forth above, if sent by facsimile, communication shall be effective or deemed to
have been given twenty -four (24) hours after the time set forth on the transmission report issued
by the transmitting facsimile machine, addressed as set forth above, For purposes of calculating
these time frames, weekends, federal, state, County or City holidays shall be excluded.
10, EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties, In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The patties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City, Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein,
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may terminated by either the City or Consultant upon thirty (30) bays
written notice of termination. In such event Consultant shall be entitled to receive and the City
shall pay Consultant compensation for all services performed by Consultant prior to receipt of such
notice of termination.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
And shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION VENUE
This Agreement has been executed and delivered in the State of California and the
validity, ,interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15, PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California;
the City of Santa Aria and all other governmental agencies including the California Board of
Chiropractic Medicine. Consultant shall notify the City immediately and in writing of its
inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said
inability shall be cause for termination of this Agreement.
16, MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power,
authority and right to hind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above Written.
ATTEST: C1TY
MARIA D. HUIZAR CARLOS ROJAS
Clerk of the Council Acting City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City At onley
Laura A, Rossini
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CARLOS ROTAS
Acting Chief of Police
a
SIEMENS INDUSTRY, INC..
(Title)
SIEMENS INDUSTRY, INC.,
(Building Technologies Division)
Tax ID# 13
.,l
8'
Advantage Services
Agreement for January —December 2013 City of Santa Ana
September S, 2013
Siemens Industry, Inc.
9/6/2013 Page 1
Table of Contents
Advantage Services I
3. Overview
Lt .Executive Summary 3
L2 Customer Objectives 3
1.3 Current Situation 3
1,4 Siemens Capabilities & Commitment to Our Customers 4
2 Service Solution 4
2A FIRE ALARM &LIFE SAFETY SERVICES 4
2.1.1 Customer' Support Services 4
2.1.2 Technical Support Services 5
o Service Irnploinen;a'tlon -Plan. 3
3.1 Maintained Equipment Table S
32 Additioaut Fire Alarm Material List 6
33 Service Team 7
x Siemens Industry, Inc. M
I.1 Signature Page and Investment By and Between: -:S
L2 Terms And Conditions 9
Appeadis A. Urticmm9tedT Labor r Material Pr3c;nk - 12
Siemens Industry; Inc, 9/6/2013 Page 2
1 Overview
1,1 Executive Summary
You have made a significant investment in your .facility and its complex technical systems which are critical to the
profitability and productivity of your overall business. This proposed service solution, our Service Agreement, will
proactively serve to protect that .substantial investment through a program of planned service tasks by our trained technical
staff.
This Service Agreement has been specifically developed to support your unique facility, and the services provided herein will
help you in achieving your facility goals,
Siemens Project and Account Management
Manage and coordinate service program (on and Off Site), responsible for ensuring that our contractual obligations
are delivered, your expectations are being met and you are satisfied with the delivery of out services.
NFPA 72 Fire Alarm Testing and hispections
L00% Annual testing of all fire panels, annunciation, smoke detectors, heat detectors, duct detectors, manual pull
stations, audio and visual devices, including horns and strobes, magnetic door holders, Seml- Annual testing of
waterflow and tamper switches. Smoke Detector Cleaning and Sensitivity also included.
1.2 Customer Objectives
City of Santa Ana, Police Department is requesting -a proposal to provide fire alarm system maintenance services under one
Program that coincide and meet NFPA 72: National Fire Alarm Code@ and as adopted by the local authority having
jurisdiction. This program will include scheduled testing only, Labor, field devices and equipment coverage or replacement is
not included in this agreement, This program will encompass the following buildings /campuses:
City of Santa, Ana, Police Department— 60 Civic Center Plaza, Santa Ana, CA 92702
City of Santa. Ana, Police Department and Siemens Industry, Inc. unc
under this program. At anytime, City of Santa Ana, Police Department
structures to this program as an amendment to this agreement. In
Siemens Industry, Inc understand that Pro codes are periodically i
jurisdictions. If at any time the codes change and it will affect the pet
Siemens Industry, Inc. holds the right to negotiate with City of
compensated for the additional work required.. The intent of the reque
Inc. as the preferred vendor for the most feasible and: expeditious servk
13 Current Situation
that all buildings on each campus is covered
option to add additional buildings and parking
, City of Santa Ana, Police Department and
I and modified by local, state; and national
;e of the scope of work within this agreement,
,na, Police Department in order to be duly
nter into'an agreement with Siemens Industry,
maintaining the highest, quality performance,
During _arecent internal review City , of Santa Ana, Police Department has identified some areas of improvement in the
current implementation of their management of the fire alarm system maintenance program for the Police Department. City
of Santa Ana, Police Department management has asked Siemens Industry, Inc .:to assist in providing a technical support
program to assist them close the gaps on the areas identified during our meeting..
Siemens Industry; Inc. 9/6/2013 Page 3
It has also been shared and discussed at great length that anew approach and plan to the fire alarm system maintenance
program is needed, Siemens Industry, Inc. and the City of Santa Ana, Police Department;: agree that the need for a. service
agreement will to be implemented where. as Siemens Industry, Inc. will enter . into a partnership with City of.Saata.Ana,
Police Department.
1.4 Siemens Capabilities & Commitment to our Customers
Siemens Industry, Inc is.'the leading single- source provider of cost - effective: facility performance solutions for the comfort,
life safety,: security, energy efficiency and operation of some of the most technically advanced buildings in the world.
Siemens is pleased to offer this proposal for technical support services to your facility. For more than I 5 years,. Siemens has
built a culture of longterm commitment to customers through. innovation and technology. We are confident that we have the
capabilities to meet your critical facility needs today and in the future, and we look forward to the opportunity to serve you.
2 Service Solution
2.1 FIRE ALARM & LIFE SAFETY SERVICES
2A.1 Customer Support Services
Written Report of All Services Performed
We will complete a service report for each "visit detailing the purpose of the call and summarizing the work that was
performed.
Life Safety ,Log Book
We will provide life safety log book containing information and guidance on the managernent of the Life Safety System,..
Ali . service records shalt be: recorded and kept within the log ,book. This log book shalt serve as a reference For local
authorities, insurance carriers, and Siemens technical personnel.
Fire Alarm System Testing "& Inspection
We Will perform annual tests of all coveted fire systems by certified - specialists using testing protocols . specified by NFPA as
well as any local guidelines: that are required for your facility. Necessary documentation detailing the results of the
inspection, including a list of deficiencies, will be provided upon, completion; of the test :tosatisfy the AHJ and to maintain
your Certificate. of Occupancy.
The equipment included as part of this testing agreement is listed in the List of Maintained Equipment "s2etion of this service
agreement, Siemens will provide amazes -lift, if necessary.
Smoke "Detector Cleaning and Sensitivity Testing
Smoke Detector Sensitivity testing will be performed, in accordance with NFPA guidelines, using the manufacturer's
recommended teat methods and a UL approved testing device, We will provide an analysis of the test results along with
recommendations for detectors that require either cleaning or replacement.
A proposal to provide all deficiency repairs will be provided separ'ate'ly.
Siemens Industry, Inc. 91612013 Page 4
2.1.2 Technical Support Services
Emergency Onsite Response: Monday through Sunday, 24 Hours per Day
Emergency Onsite Response will be provided to reduce the costs and disruptions of downtime when an unexpected problem
does occur, Siemens will provide this service between scheduled service calls and respond onsite at your facility within 4
hours for critical emergencies, or within 8 hours non-emergency conditions, Monday through Sunday, 24 hours per day,
including Holidays, upon receiving notification of an emergency, Critical emergencies, as determined by your staff and
Siemens, are failures at a system or panel level that would result in the loss of the operation of an entire section of a building
or place the facility at high risk, Non- emergency conditions, as determined by your staff and Siemens, are failures at an
individual component level resulting in minimal impact to the overall operation of the facility Non - emergency conditions,
as determined by your staff and Siemens, may be incorporated into the next scheduled service call,
3 Service Implementation Plan.
11 Maintained Equipment Table
SIEMENS
Siemens Industry, Inc.
Service Agreement
Equipment Equipment Equipment
city Serial Location Mfg/Model
Category Subcategory
Number
s Addressable Pull
Field Field Peripherals era
p
86
Peripherals Station_
w ,
Services (Times per year): Test and Inspection (1)
Control & Control & Remote
Control /Annunciator
3
Annunciation Annunciation
Panel
;.., ...
Services (Times per year): Test and Inspection (1)
Control & Control & NCCNT Computer
2
Annunciation _, Annunciation.,
Services (Times per year): Test and Inspection (1)
Detectors Detectors Addressable
Smoke Detector
817
Imes per ear
(T p year): Services : Test and Inspec tion (1)
Detectors Detectors Addressable Duct
82
Detector
N ..., to
... _ -.., .,
Services (Times per year): Test and Inspection (1)
Detectors Detectors Addressable Heat
Detectors
57
Siemens Industry, Inc. 916!2013 Page 5
Services (Times per year): Test and Inspection (1)
Field Field Peripherals Door Holders 20
Peripherals ,
Services (Times per year): Test and Inspection (1)
Field Field Peripherals Jacl(S/yvarden
6
Peripherals Stations
3
Services (Times per year): Test and Inspection (1)
6
Field Field Peripherals Speakers /Horns
Peripherals
79
Services (Times per year): Test and Inspection (1)
1
Field Field Peripherals Speakers /Horns
Peripherals with Strobes
104
Services (Times per year); Test and Inspection (1)
Field Field Peripherals Strobes
Peripherals
68
Services (Times per year); Test and Inspection (1)
Reid Field Peripherals. Waterflow Switch
,31
Per herals Monitor Module
Services (Times per year): Test and Inspection (2)
Field Tamper Switch
Field Peripherals r Module
Pen herals Monitor
p
52
.
Services (Times per year): Test and Inspection (2}
Control & Control & Digital Dialer 2
Annunciation Annunciation
Services (Times per year) Test and Inspection (1)
3.2 Additional Fire Alarm Material List
Equipment
Edwards IRC -3 FACP
oty Serial Mfg/Model
Number
3
Field Transponders
3
Voice -Com
6
Power Boosters
6
Remote Graphic Annunciator
1
Printer
1
Parts -- Up to $500 /Device
Siemens Industry, Inc, 916/201'3 Page 6
3,3 Service Team
An important benefit of your Service Agreement derives from having the trained service personnel of Siemens Industry, Inc.
familiar with your building systems. Our implementation team of local experts provides thorough, reliable service: and i
scheduling for the support of your system.
The following list outlines the service: team that will be assigned to the service agreement for your facility.
Your Assigned Team of Service Professionals will include:
Denise Read — Senior Account Executive, Fire manages the overall strategic service: plan based upon your current and
future service requirements,
Victor Johnson — Operations Account Engineer is responsible for ensuring that our contractual obligations are delivered,
your expectations are being met and you are satisfied with the delivery of our services.
Vislial Gupta - Service Operations Tanager is responsible for managing the delivery of your entire support. program and
service requirements:
Maria Smith - Service Coordinator is responsible for scheduling your planned maintenance visits, and handling your
emergency situations by taking the appropriate action.
Mike Reinig - :Service Administrator is responsible for all service invoicing including both service agreement . and service
projects.
Siemens Industry, Inc. 916/2013 Page 7
I Siemens Industry, Inc.
1.1 Signature Page and Investment By and Between:
Siemens Industry, Inc; City of Santa Ana, Police Departmett
10775 Business Center Drive '20 Civic Center Plaza, Room B -19
Cypress, CA 90630 Santa Ana, CA 92702
Aetuse Read, 714 252 -.I346 John Aguilar
Services shall be provided at 60 Civic Center Plaza, Santa Ana, CA 92702.
Siemens Industry, Inc. shall provide.. the services as outlined in the attached proposal dated 09/05/13 and the attached terms
and conditions: This agreement shall remain in effectfor an Initial Term of I year beginning 01/01/2013 and from year to
yeartherealter.
Investnu nW
Year I 01/01/2013 to 12/31/2013 $31,660 annually paid $31,660 in advance
Applicable: sales taxes are not included rn the price at'tlus proposal. Prices quoted in this proposal are Ilan for 30 days.
Proposal accepted by;: Proposal submitted by:
Facilities Depgrunent
City of Santa Aria, Police Department
Signature Date
P.O.k
Customer purchase order included as an attachment to this
agreement and will be referenced: on invoices.
Or
Customer purchase order not required. Invoices will be approved
and processed with signature of authorized customer representative.
conditions of The Contract Terms and Conch
BY EXECUTION HEREOF THE SIGNF
THAT SIEMENS. INDUSTRY, INC. OR
FORTH THEREIN,. AND THAT (S)HE IS
Denise Read
Senior Account Executive, Fire
Siemens Industry, Inc.
(Signature Date
Eric Ackermarm
Southern California FSS Area Sales,
Manager
a3),
Signature - Date.
iernens Industry, Inc.;: (i) the Proposal and the.Cuntciet Toes and
ute the entire agreement of ibe panties With respect to its Subject matt'et
x between the terms and candiduus of the Proposal and the teens -and
control.
tLL OF THE TERMS AND CONDITION§ AND DOCUMENTS,
40 AGREEMENTS OR REPRESENTATIONS EXCEPT AS SET
SIGNATURE PAGE ON BEHALF OF THE CUSTOMER.
Slemens Industry, Inc. 9!6/2013 Page 8
1,2 Terms And Conditions
- samans Industry, Inc., Suiding Technologies Division
(c) Oarmt SIEMENS to control and/or operate all controls, aY�aterh%
apparatus, equipment and machinery necessary to perform the Servicas;
Service Only 2000
Siemens Industry, Inc. 9/6/2013 Page 9
Slomens Industry . Inc., Building Technologies Division.
Service Unly zouy
Siemens Industry, Inc. 916/2013 Page 10
Siemens industry, Inc, Building Technoldgles Division SeNlce anry <wr
Siemens Industry; Inc: 9/6/2013 Page 11
Appendix A. Discounted Labor 6& Material Pricing
As a Service Agreement customer with an active contract, you will receive the benefit of a. discount from our standard
labor rates and material prices. Standard rates and preferred Customer rates are documented below.
We are
apply.
Siemens Industry, Inc.
Rates effective from June 1, 2013 through December 31, 2013
Please note: Rates shown are for the period referenced above and are subject to change.
at your facility It is possible the
you will
)!liable according to the terms of your Advantage
services we are providing In order to ensure your
cur most recent published service rates As an ASA
is advised that Portal to Portal labor charges 'nay
Service
ASA
Customer
ASA
Customer
ASA
Customer
Nan•ASA
customer
Standard Time
Overtime
Double Time
Standard Tim¢
Fire -
2 H Min
2 H Mln
2Hr Min
4 H Min
On -Site Service Call
$140,g0/hr
$190,00Ihr
$233.001hr
$190,0011
Fee: On Slte Trl
$701 Trip.
$701trt
$701 Trip
$95.001 Trip..
pvehlme rate's in the table apply for calls Monday through Friday 4:30p.m. -800 am excludin Holidays Rouble time applies for Sundays and Holidays,
All rates are current as of 0110112013 and are subject to change with or without notice. Please be advised that Portal to Portal labor charges may
apply p pig
riiu}imum Charge: SerWi6e involving travel to rite customer site will'iri6ut a two -hour {nmimwn labor charge and $50.00 va'hicin hi charge.
'.Material Rates: Customers With an active Service Agreement will benefit From a discount percemagc orT the standard pricing For Siemens Industry,
Inc, products.. Customers without a Service Agrceinent will pay standard pricing for Siemen3 Industry,, fac. products..
Siemens Industry, Inc._ 916/2013 Page 12
EXHIBIT B
9
Siemens industry, Inc.
February 15, 2013
Mr, John Aguilar
City of Santa Ana
20 Civic Center Plaza, Rm, B -19
Santa Ana, CA 92792
Ref:, Renewal FIRE Service Agreement, 26000257861!2rein to County Fire Authority
our records Indicate that the FIRE service agreemant between $lemons Industry, Inc - Building
Technologies Division and City of Santa Ana Police Facilities expired December 31, 2012: We will renew
your contract with your authorization The renewal dates and amounts are indicated below.
The Intent of this latter is to Inform you that $lemon,,s Industry, Inc - Building Technologies Division will
renew this contract based on our long time partnership with your facility and your Contractor Agreement A-
2009196, dated 1217/09. This renewal will commence with the same terms and conditions and the same
scope of work.
Contract Period & Amount:
161//2013 through 12131/2013: $31,660.00 (Billed Quarterly $7,915 /quarter)
Upon review and acceptance, please complete the below "ACKNOWLEDGEMENT" section and fax this
letter to my attention Fax 714 820.3945, or email to denise.read@siemens.corn,
Please feel tree to call me at 714 4545633 if you have any questions.
Thank you.
veww Re 4d
Senior Service Sales, Fire Division
714 4545633 Mobile, 714 8263945 Fax
10775 Business Center Drive, Cypress, CA 90630
ACKNOWLEDGEMENT - please fax to Denise Read Fax 714 826.39M
Guston5er Re�tresEntative
Accetyted By
ame:
Title:
Date:
EXHIBIT C
10
SIEMENS
we are responding to a request for
and I or your system warranty. An account
this service Foryour oonvenlenc% we are
.event this seorc2 call Is billable. Alt rates
AUTHORIZATI N{Z TO PROCEED
R is possible the service you are requesting is considered billable according to Ole terms of your Advantage Servlaes Agreement (ABA)
may contact you to discuss the services we are providing in order to or lalre your satisfactlon and clarhy any hitting that may adso from
)yof' our most recent published service mtes As an A8A customer, you sill be entitled to your contracted discount for all labor In the
:6f 061 0112613 &are subject to change with at withoutnotrce, Please be advised that Portal to Portal labor charges may apply,
Iy .
vlmn unlidays. bounlelime appllos for Sundays and Holidays:
(Required by Siemens): pgtlpti ar wnnc
customer Site Nomo,.,_:,�:.�
Customer Site Address:_ (Required by Oustarrrer):
Bill to Company Name & Address:
Sold to company Name & Address;
ACCOLIntS Payable, Name & Address:. -- - - _
(Required by Customer):
Customer PO # (Please taclude faXed or e -mall Copy):
Authorized6Uyer' - rant Nana. - - cats
619npIWa.
By signing this document' you are agreerng to payment in full Upon receipt or invoice.
'Quick Quote Price Not to Exceed (By Siemens Only):
Siemens Representative PMLNama - D318
_ 31enaWra -
Siemens Industry, Inc. Building Technologies Division will ofspatch upon n ecmnp59ofrautrho n zat o U1alu0wR�o(awnoEa m #uu a o aaoa �ra)admro l
_. _ io.amr
Siemens Industry, Inc.
Blinding'[ ecl)nolagies Division Tel: (7114) 815 -t444
10775 Busbcons Center DHve Fax: 'f7 14) 761 0274
Gyp,,,, CA 9063()-5221 -
standdrdTimd
IHr Min
OverTima
1HnMin
Doubei
1Hr Min
2 Hr
$198_ o01hr
2 Hr Min
$28y,001hr
2,Hr Mtn
396,00(1
On -line Support:
Madam orPhonb
$153AOlhr
Hr Min
$180.001hr
Min
$ 24506ft
2 H Min
$198,0
$198001hr
4HrMin
$297,tl0lhr
$HrMlii
$396.001
OnSIte�SarvlceCail
$153.00lhr
$199.In
$245001hr .
4 H Min
4Hr Min
4Hr Min.
Meahenlc @f
2 Hr Min
2 Hr �'ln
2Hr Min
$224;OOlhr.
$18200 /hr
$273.p01N
$36400!
Opals service' call
$140.p01hf
2 Hr Min
- 2,001hr
$18
2HUMin
_
2HrMln
4HrMin
$148.001hr
4HraMin
$222:00(hr
4HrMiq.
- $29600)
Electronic Installer
On,sita service call
$114.001hr-
$150,00mr
$1KC01hr
2HtMin
4HrMin
4HrMin
4 H Mln
Eloctrlcal Bonitos
2 Hr Min
2 Hr Min
$236001hr
$36400thr
j,_00
,Oo-Sltosar4jacall
182A0mt
2 H Min
$237,001hr
2 H Min
$291,00yhr
2 H Min
4 H Min
$19o.001hr
4 H Min
$286001hr
4.'Hr Min
ILA
Fire
on-Site serv7ce0011
46001pc
2HrMln
$190,00(hr
2HrhIDn
$233.00(fir
2HrNIln
4Hr&00fnr
$102.
$273,0018r
4AC
$36.01
Security
On site service Cali
S13900Por
2Hr Min
$1$2,00Ihr.
2'Hr Min
$224Whr
2Hr Min
4'HeMln
-0HrMn
...,,,..,,,
4 Min
ocir, nr
PraJectManagerISewca'
.,.I,.,,a Faninear
vlmn unlidays. bounlelime appllos for Sundays and Holidays:
(Required by Siemens): pgtlpti ar wnnc
customer Site Nomo,.,_:,�:.�
Customer Site Address:_ (Required by Oustarrrer):
Bill to Company Name & Address:
Sold to company Name & Address;
ACCOLIntS Payable, Name & Address:. -- - - _
(Required by Customer):
Customer PO # (Please taclude faXed or e -mall Copy):
Authorized6Uyer' - rant Nana. - - cats
619npIWa.
By signing this document' you are agreerng to payment in full Upon receipt or invoice.
'Quick Quote Price Not to Exceed (By Siemens Only):
Siemens Representative PMLNama - D318
_ 31enaWra -
Siemens Industry, Inc. Building Technologies Division will ofspatch upon n ecmnp59ofrautrho n zat o U1alu0wR�o(awnoEa m #uu a o aaoa �ra)admro l
_. _ io.amr
Siemens Industry, Inc.
Blinding'[ ecl)nolagies Division Tel: (7114) 815 -t444
10775 Busbcons Center DHve Fax: 'f7 14) 761 0274
Gyp,,,, CA 9063()-5221 -