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<br />INSURANCk llil.J :;N filE <br />WORK MAY NOT PROCEED <br />CLERK QF COUNCIL <br />DATE: 7-.1.7-05 <br /> <br />A-2005-096 <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND DATA PRODUCTS & SOLUTIONS, INC <br /> <br />e,: fjl4.S <br />(C(~ <br /> <br />THIS AGREEMENT, made and entered into this 14th day of July, 2005 by and between <br />Data Products & Solutions, Inc (hereinafter "Contractor"), and the City of Santa Ana, a charter <br />city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a Contractor having special skill and knowledge in the field of <br />media storage services and related products. <br /> <br />B. Contractor represents that Contractor is able and willing to provide such services to the <br />City. <br /> <br />C. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional 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. SCOPE OF SERVICES <br /> <br />Contractor shall perform those services and provide those products as set forth in <br />Exhibits A through D to this Agreement. In the event of a conflict between the terms of this <br />Agreement and any attachments hereto, the terms of this Agreement shall prevail. <br /> <br />Exhibit A. Contractor Proposal for Service to City of Santa Ana dated March 25, 2005 <br />Exhibit B. Contractor Schedule A Media Storage Agreement dated March 2005 <br />Exhibit C. Contractor Container Listing for the City of Santa Ana, March 2005 <br />Exhibit D. Contractor Electronic Media Supplies dated March 2005 <br /> <br />2. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibits A through D and any referenced Attachments(s)). <br />Electronic media and related products will be provided at retail cost plus 8%. However, City is <br />under no obligation to purchase any electronic media or related products pursuant to this <br />Agreement. The total sum to be expended under this Agreement shall not exceed $40,000.00 <br />during the term of this Agreement. <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 />