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iNSUF!p,;t CAN F L- <br />PROCE <br />nLERK OF GOUNC�t_ <br />`.3_,v�_ <br />CONTRACTOR AGREEMENT <br />A-2009-197 <br />THIS AGREEMENT, made and entered into this 71h 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 />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />