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MAINTENANCE AGREEMENT <br />THIS MAINTENANCE AGREEMENT, made and entered into this 16`1' day of <br />September, 2013 by and between Siemens Industry, Inc. (Building Technologies Division), a <br />Delaware Corporation, hereinafter ("Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State of <br />California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />administering, maintaining and testing the fire alarm system at the Santa Ana Police <br />Department and repairing and maintaining the HVAC System at all City buildings. <br />B. City and consultant had a contract since 2009 with amendments to the contract in 2010 <br />and 2011 to provide fire alarm maintenance and repair services at the Santa Ana Police <br />Department. The parties intended to amend the contract for a final year in 2012 but it <br />was not done. However, consultant continued to provide services and City continued to <br />utilize consultant's services during January 2013 to the present. City and consultant <br />intend to memorialize their intention to continue with the agreement until December 31, <br />2013 by way of this Building Maintenance Agreement. <br />C. Consultant represents that it is able and willing to continue to provide such services to <br />the City. <br />D. In undertaking the performance of this Agreement, Consultant represents that it is <br />knowledgeable in its field and that any services performed by Consultant under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional consulting f mi 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 />I. SCOPE OF SERVICES <br />A. Consultant shall perform such fire alarm administration, maintenance and testing <br />on the fire alarm system at the Santa Ana Police Department as outlined in the attached Exhibit <br />"A and <br />B. Consultant shall perform such services as may become necessary for maintenance <br />and repair of the City's HVAC system and as requested by City at the prices set forth in the <br />attached Exhibit "B" entitled Price List. <br />25H-3