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<br />~ <br /> <br />. <br />INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />;2., - I) '-05 <br />CLERK OF COUNCIL <br />DATE: /1/5)01' MAINTENANCE AGREEMENT <br /> <br />t.: r'AI It J THIS AGREEMENT made and entered into this 1sT- day of -!!lEy; / , 2004 by <br />Lí Ccll¿;,h~nd between Datamatic, Ltd., a Texas partnership (hereinafter "Consultant '), and the City of <br />, Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City"). <br /> <br />N-2004-025 <br /> <br />RECITALS <br /> <br />A The City purchased from Consultant, pursuant to Agreement A-2002-054, computer <br />hardware, software and licenses needed to automate its meter reading system. <br /> <br />B. The City desires to retain a consultant having special skill and knowledge in automatic <br />meter reading systems, in order to maintain the system provided by Consultant. <br /> <br />C. Consultant represents that Consultant is able and willing to provide such services to the <br />City. <br /> <br />D. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant 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 /> <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 /> <br />1. <br /> <br />SCOPE OF SERVICES <br /> <br />Consultant shall perform maintenance services as set forth in Exhibit A to this <br />Agreement. <br /> <br />2. <br /> <br />COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a <br />monthly maintenance charge of$374.69. The total sum to be expended under this Agreement <br />shall not exceed $4,000.00, 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 <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 /> <br />3. <br /> <br />TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />October 31, 2004, unless terminated earlier in accordance with Section 12, below. <br />