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AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />PACIFIC SERVICES, INC. <br />THIS AGREEMENT, is made and entered into this 21" day of November, 2011, by and between the City <br />of Santa Ana, a charter city and municipal corporation duly organized and existing under the <br />Constitution and laws of the State of California ("City") and Pacific Services, Inc. ("Vendor"). <br />RECITALS <br />A. The City desires to retain a vendor having special skill and knowledge in the field of <br />communications products and services as outlined in the RFP "POINT-TO-POINT HIGH-CAPACITY <br />WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA" <br />B. Vendor represents that Vendor is able and willing to provide such products and services to the <br />city. <br />C. In undertaking the performance of this Agreement, Vendor represents that it is knowledgeable in <br />its field and that any services performed by Vendor under this Agreement will be performed in compliance <br />with such standards <br />THEREFORE, in consideration of their mutual and respective promises, the parties hereto do <br />hereby agree as follows: <br />1. Terms and Conditions <br />The term of this Agreement shall be for period of three (3) years, with an option, exercisable by <br />City, to extend the term up to two additional one-year periods. <br />All terms and conditions more fully set forth in the Request for Proposal ("RFP"): "POINT-TO- <br />POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GRZ SYSTEM FOR THE CITY OF <br />SANTA ANA", August 2011, shall have full force and effect in this Agreement. Said terms and <br />conditions are attached hereto as Exhibit A, and incorporated herein by reference. <br />All terms and conditions set forth in the Vendor's Proposal for "POINT-TO-POINT HIGH- <br />CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE CITY OF SANTA ANA", <br />September 2011, shall have full force and effect in this Agreement. Said terms and conditions are attached <br />hereto as Exhibit B, and incorporated herein by reference. <br />Maintenance and Support shall be as described in Section 5.7.3 of the RFP with related pricing as <br />identified in the Vendor's Proposal cover letter and Vendor's Price Proposal. The service level shall be <br />for full return-to-service 7x24xNext Business Day with advance replacement spares level of Maintenance <br />and Support. <br />2. Scope of Services <br />The scope of services and deliverables are fully described in Sections 3 and 5 of the RFP: <br />"POINT-TO-POINT HIGH-CAPACITY WIRELESS MILLIMETER-BAND 80GHZ SYSTEM FOR THE <br />CITY OF SANTA ANA". <br />25E-5