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SERVICE AGREEMENT This agreement is made by and between City of Santa Ana ('Customer') and SimplexGrtnnell lP {'Company) and is effective as of 10/01/2009 to 09/30!2010. Customer agrees to purchase and Company agrees to provide the Services, as defined herein, and materials as set forth in this Agreement subject to the terms and conditions of this Agreement. SCOPE OF WORK Services v4tl ba provided at the following locations: See Scope of Work on Special Provisions Page. Santa Ana Police Administration Building and the Detention Facility. Service(s) and pricing: TOTAL ANNUAL PRICE (Plus Any Applicable Tax) Fourteen Thousand Twenty--Four Dollars and 40 Cents 014,024.40). Payment Terms: Payment is due upon receipt of Invalce. Payment far Service(s) shall fie tolaE contract CUSTOMER ACCEPTANCE to accepting this proposal, Customer agrees to iha terms and conditions contained herein and any attachments or riders attached hereto that contain additional i terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes In the system requested by ttte Customer after the execution of this Agreement shall be paid for by the Customer and such changes shall be authorized in writing. ATT@NTION IS DERECTED TO THE LIMITATION OF LIABILITY, WARRANTY, iNDEMNiTY AND OTHER CONDITIONS CONTAINED IN TIi1S AGREEMENT. CUSTOMER City of Santa Ana SIMPLEXGRINNELL LP 60 Civic Center Plaza 1701 West Sequoia Santa Ana, CA 92701 Orange, CA 92868 By: By: Print Name: Mark Watson Print Name: Danny Beck TIUa: Title: Contracts Administrator Phone#:714-245-8042 Phone Number:714-870-1010 Fax#:714-245-8098 Fax Number:714-939-9104 Customer email : mwatson@santa-ana.org E-Mail Address: danbeck@simplexgrinneil.com PO# : License Number {if app[igble): {Customer)# : Date Date Authorized Manager Terms and Conditions 1. Term. The initial term of this Agreement shalt increased accordingly. Company may increase with laws or regulations unless specifically stated in commence on the Effective Data and continue for prices upon notice to the Customer or annually to the Scope of Work. Customer acknowledges that one (f) year (the "Initial Term"). Atthe conclusbn of reflect Increases In material and labor costs. the Authority Raving Jurisdiction (e.g. Fire Marshal) the Initial Term, this Agreement shalt automatically Customer agrees to pay all taxes, permits, and may establish additional requirements for extend for successive terms equal to the initial other charges, inGuding but not Ilmited to state and compliance with local codes. Any additional Term unless either party gives wdtten notice to the total sates and excise taxes, installation or alarm services or equipment required will be provided at other parry at least thirty (36) days prior to the end permits, false alarm assessments, or any charges an additional cost to Customer. ofthathen-current term. 'smposedbyanygovernmentbody,however 8. Llmitatlon Of Lfabliity; Llmitafions Ot 2. Payment. Payments shalt be invoiced and due in designated, levied or based on the service charges Remedy. It 3s understood and agreed by the accordance wish the terms and conditions set forth pursuant to this Agreement. The Customers failure Customer that Company is not an Insurer and above. Work performed on a lima and material to make payment when due is a material breach of that lnsuranee coverage, if any, shall be basis shall be at the then-prevailing Company rate this Agreement. obtained by the Customer and that amounts for material, labor, and related items, in effect at the 4. Alarm Monitoring Services. Any reference to payable to company hereunder era based upon time supplied underlhisAgreement. alarm monitoring services in this Agreement is the value of the services and the scope of 3. Pricing. The prlcing set forth in thlsAgreement is Included for pricing purposes only. Alarm monitoring liability sat forth in this Agreement and are based on the number of devices to be installed and services are performed pursuant to the terms and unrelated to the value of the Customer's services to be performed asset forth In the Scope conditions of Company's standard alarm monitoring property and the properly o(others Located on of Work. If the actual number o€devlces Installed or services agreement. the premises. services to be performed is greater than that set 5. Code Compliance. Company does not Customer agrees to look exclusively to the forth in the Scope of Work, the price will be undertake an obligation to inspect for compliance Customefs insurer to recover for }nJuries or 97009 SimplexGrinnell CP. All righ~rarnrd. SG4269R6 (Rev. 01109) 337780t06S Page5of8 25A-9