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AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />OPTICAL ACCESS, INC. <br />THIS AGREEMENT, is made and entered into this 6"' day of November, 2001, by and <br />between the City of Santa Ana, a charter city and municipal corporation dUly organized and <br />existing under the Constitution and laws of the State of California ("City") and Optical Access, <br />Inc. ("Vendor"). <br />WHEREAS, the City desires to retain the services ofVcridor to provide the City with <br />wireless optical data communications related products and services. <br />THEREFORE, in consideration of their mutual and respective promises, the parties <br />hereto do hereby state as follows: <br />1. Terms and Conditions <br />The term of this Agrecinctit shall be for a period of one year, beginning on November 6, <br />2001, and ending on or before November 7, 2002. <br />All terms and conditions more fully set forth in the following shall have full force and <br />effect in this Agreement: <br />a. City of Santa Ana "Request for Proposal for Wireless Optical :Data Communications <br />Systems" dated September 2001 (Exhibit A) <br />b. The Optical Access, Inc. "Proposal for Wireless Optical Data Communication <br />Systems", dated October 2, 2001 (Exhibit B) <br />Said terms and conditions are attached hereto as Exhibits A and B, and incorporated <br />herein by reference. <br />2. Scope of Services <br />The Vendor shall provide products and services as defined in Exhibit B. <br />3. Compensation <br />The City will pay to Vendor total compensation under this Agreement which shall not <br />exceed $175,000 in the period of this agreement. <br />4. Insurance <br />Vendor shall provide the City with proof of general liability insurance naming the City of <br />Santa Ana its' officers, agents and employees as additional insured(s), as well as proof of <br />workers' compensation insurance and automobile insurance as required by State law, pursuant to <br />the attached sample contract in Exhibit A. <br />