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MAINTENANCE SERVICE AGREEMENT <br />This Agreement ( "Agreement ") dated August 16, 2016, by and between SIEMENS <br />INDUSTRY, INC., An Illinois corporation, ( "Siemens "), and the City of Santa Ana, a charier <br />city and municipal corporation, ( "City "). <br />RECITALS <br />A. The City of Santa Ana has a video surveillance system for the Police Administration <br />Building and Civic Center Area to protect critical infrastructure and key resources. <br />B. The City desires to retain a contractor having special skill and knowledge to maintain and <br />repair of the video security / surveillance system. <br />C. Siemens represents that it is able and willing to provide such services to the City. <br />D. In undertaking the performance of this Agreement, Siemens represents that it is <br />knowledgeable in the field and that any services performed by Siemens under this <br />Agreement will be performed in compliance with such standards as may reasonably be <br />expected from a professional contractor 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 />Siemens shall provide maintenance and repair services for the surveillance system <br />located in the Police Administration Building and Civic Center Area, as set forth in the proposal <br />attached hereto as Exhibit "A." <br />2. COMPENSATION <br />City agrees to pay, and Siemens agrees to accept as total payment for its services the <br />costs outlined in the proposal attached as Exhibit "A." The total sutra to be expended under this <br />Agreement shall not exceed $174,914.00, during the term of this Agreement. <br />3. TERM <br />This Agreement shall commence on August 1, 2016 and terminate on July 31, 2017, . <br />unless terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Siemens shall, daring the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />25G -3 <br />