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CONTRACTOR AGREEMENT <br /> THIS AGREEMENT, made and entered into this 7t" day of December, 2009 by and <br /> between Siemens Building Technologies, Inc. (Fire Safety Division), a California Corporation <br /> (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation <br /> organized and existing under the Constitution and laws of the State of California (hereinafter <br /> « <br /> qty <br /> RECITALS <br /> A. The City desires to retain a Contractor having special skill and knowledge in <br /> maintenance and repair of fire alarm systems. <br /> B. Contractor represents that Contractor is able and willing to provide such services to the <br /> City. <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 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 /> Contractor shall perform fire alarm maintenance and repair services for the Police <br /> Administration and Holding Facility, as set forth in Exhibit A, attached hereto. City may require <br /> additional services or parts, which may be approved by a writing executed by the Executive <br /> Director of Finance and Management Services or his designee. <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for its test and <br /> inspection services, an annual fee of $28,975.00, payable in quarterly payments of $7,243.75. <br /> If additional parts or services are necessary, said services shall be provided at the rates set forth <br /> in Appendix A "Discounted Labor & Material Pricing (Active Service Agreement Customers). <br /> Additional parts shall be priced pursuant to Contractor's Parts Price List on file with the City's <br /> Building Maintenance Superintendent. The total sum to be expended under this Agreement shall <br /> not exceed $38,000.00, annually, during the term of this Agreement. <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper <br /> <br /> invoice evidencing work performed, subject to City accounting procedures. Payment need not <br /> i <br /> 25B-3 <br /> <br />