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INSURANCE ON FILE <br />WORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />10 ID dal <br />CLERK OP COUNCIL <br />DATE: I�- 1-7-U`� <br />0 Po �i c e - F1 scut 2) <br />CONSULTANT AGREEMENT <br />N- 2008 -160 <br />Loy, �'- \ <br />(B�b gv'eK- e--feJ THIS AGREEMENT, made and entered into this ]"day of December, 2008 by and <br />between Simplex /Grinnell LP, a California corporation (hereinafter `Consultant"), and the City <br />of 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 />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />service and maintenance of electronic door access systems. <br />B. Consultant installed and has maintained the electronic door access system, pursuant to <br />Agreement A- 2003 -189, dated September I0, 2003 and represents that it is able and <br />willing to continue to provide such services to the City. <br />C 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 />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 />SCOPE OF SERVICES <br />Consultant shall provide system testing and maintenance services as set forth in Exhibit <br />A to this Agreement. Consultant has inspected City's system and agrees that Consultant's will <br />not be hindered in its performance of services due to obsolescence of equipment or unavailability <br />of parts, during the term of this Agreement. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $12.000.00 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 />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 />