HADRONEX, INC. -2013 - Laserfiche WebLink

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iNRURANCF 011 F111 WORK MAY PROCEED A- 2013 -164 t1N`rlL IN RAN E EXPIR S CLERK OF COROT w s DATE ��-�� t -� LICENSE AND WARRANTY AGREEMENT THIS AGREEMENT, made and entered into this 21"day of October, 2013 by and between Hadronex Incorporated, a California corporation, (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). b RECITALS ' A. Contractor manufactures and installs the Hadronex. Sa'nartCover Monitoring and Alarm System (hereinafter "SmartCover "), designed to provide an alerting system for sewer systems overflow { 4 and encroachment. 13. City has purchased and installed SmartCover equipment provided by Hadronex and now desires to purchase SmartCover site monitoring services. C. Contractor represents that it is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Contractor represents that it is luiowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide active site monitoring services for all terrestrial and satellite SmartCovers installed in the City of Santa Ana, as set forth in Exhibit A, attached hereto and incorporated by this reference. Contractor will provide and install additional SmartCovers, at the request of City and at the prices set forth in Exhibit A. During the term of this Agreement, City shall retain the option to purchase extended warranty services for all SmartCovers installed in the City, at the warranty rates set forth in Exhibit A. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified. in Exhibit A. The total sum to be expended under this Agreement shall not exceed $73,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2014, unless terminated earlier in accordance with Section 11, below. The City is hereby granted the option to