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'-INSURANCE ON FILE <br />-ZZWORK MAY PROCEED <br />UN'il� F <br />N-2022-006 <br />I U-L-z <br />GLEE, AGREEMENT WITH OPEX CORPORATION <br />DATE: TO PROVIDE MAINTENANCE OF AUTOMATED MAIL OPENING MACHINES <br />THIS AGREEMENT is made and entered into on this <br />OPEX Corporation, a New Jersey Corporation ("Contractor"), <br />and municipal corporation organized and existing under the <br />California ("City"). <br />O.netNre'(Jt�z�4 �r+o�tPXrCL�I�C�i RECITALS <br />Ist day of January 2022 by and between <br />and the City of Santa Ana, a charter city <br />Constitution and laws of the State of <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of service <br />and maintenance of automated mail opening machines. <br />B. Contractor represents that it is able and willing to provide such services to the City. <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 consulting <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 />a Contractor shall perform during the term of this Agreement, the tasks and obligations including <br />all labor, materials, tools, equipment, and incidental customary work required to fully and <br />adequately complete the services described and set forth in Exhibit A, attached hereto and <br />incorporated by reference, for the equipment identified in Exhibit B, attached hereto and <br />incorporated by reference. <br />b. During the term of this Agreement, City may provide to Contractor one or more written work <br />orders, change orders, delivery tickets, or other instruments, requests or established procedures <br />with Contractor, which shall act to require Contractor to supply or perform those services. Each <br />request, regardless of form, shall be deemed a work/change order governed by and subject to the <br />terms and conditions of this Agreement if the services provided are consistent with the scope <br />and intent of the parties to utilize services consistent with those provided in Exhibit A. <br />c. In the event the terms of this Agreement conflict with the terns of Exhibit A then the terms of <br />this Agreement shall prevail. <br />d Any work/change order that contains any terms contrary to those within this Agreement shall <br />be void, unless City and Contractor have expressly agreed in a writing, requiring approval by <br />the City Manager and the City Attorney's office. Contractor agrees and understands that <br />substantive changes to the terms of the Agreement are also subject to approval by the City <br />Council. <br />Page 1 of 10 <br />