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INSURANCE ON HSL <br />V1URK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />_ /O- O/- 02009 <br />CLERK OF COUNCIL. <br />DATE. MAY 2 0 2009 <br />O: PM3 CO <br />chy-%A ne 130dri e. <br />MAINTENANCE AGREEMENT <br />A-2002-031-06 <br />THIS MAINTENANCE AGREEMENT is entered into this 281h day of January, 2009, by <br />and between OPEX Corporation ("Consultant") and the City of Santa Ana, a charter city and <br />municipal corporation of the State of California ("City"). <br />RECITALS: <br />A. The parties entered into Purchase Agreement No. A-2002-031 dated April 3, 2002, <br />(hereinafter "said Agreement") by which Consultant sold to City, and has provided service <br />and maintenance for an automated mail -opening machine. <br />B. The parties intended to extend the term of said Agreement and Consultant has continued to <br />provide maintenance services for its mail -opening machine. <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 Agreement <br />will be performed in compliance with such standards as may reasonably be expected from a <br />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 />1. SCOPE OF SERVICES <br />Consultant shall perform monthly preventive maintenance on the Model 51 mail opening <br />machine. Such maintenance includes the cost of parts required during the contract year, plus <br />labor for preventive maintenance, and labor for up to five (5) demand calls, if required. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an <br />annual fee of Two thousand five hundred, seventy-five dollars ($2,575.00). The total amount to <br />be spent pursuant to this Agreement shall not exceed $25,000.00 during the term of this <br />Agreement. <br />b. Payment by City shall be made within thirty (30) days following execution of this <br />Agreement. <br />3. TERM <br />This Agreement shall commence on August 1, 2008 and terminate on July 31, 2009, <br />unless terminated earlier in accordance with Section 12, below. The term of this Agreement may <br />