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CONTRACTOR AGREEMENT <br /> THIS AGREEMENT, made and entered into this 7~' day of December, 2009 by and <br /> between Otis Elevator Company, a wholly owned subsidiary of United Technologies <br /> Corporation (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal <br /> corporation organized and existing under the Constitution and laws of the State of California <br /> (hereinafter "City"). <br /> RECITALS <br /> A. The City desires to retain a contractor having special skill and knowledge in the field of <br /> elevator repair and maintenance services. <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 elevator maintenance and service, as set forth in City's Request <br /> for Proposals to Provide Elevator Maintenance Services for the City of Santa Ana Police <br /> Administration and Holding Facility, attached hereto as Exhibit A and incorporated by reference. <br /> Such service shall be provided in conformance with Contractor's Proposal, attached hereto as <br /> Exhibit B and incorporated by reference. The Executive Director of Finance and Management <br /> Services may request, in writing, that Contractor provide additional services including state- <br /> mandated adjustments and unforeseeable repair costs. <br /> 2. COMPENSATION <br /> a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br /> including OT calls, a monthly rate of $4,240.00. The total sum to be expended under this <br /> Agreement shall not exceed $60,880.00 during the first one-year term of this Agreement, which <br /> amount includes a $10,000 contingency for additional required services. <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 /> 1 <br /> 25C-3 <br /> <br />