HomeMy WebLinkAboutLAFAYETTE INSTRUMENTS, INC.-J') A-2000-1 49
C AGREEMENT BETWEEN THE CITY OF SANTA ANA
AND LAFAYETTE INSTRUMENT
This Agreement is made and entered into this day of �- 2000, by and
between the City of Santa Ana, a charter city and municipal corporation i�on duly organized and
existing under the Constitution and laws of the state of California ("City") and Lafayette
Instrument ("Contractor").
WHEREAS, the Santa Ana Police Department desires to purchase from Contractor a
computerized polygraph machine and necessary supplies.
THEREFORE, in consideration of their mutual and respective promises, the parties hereto do
hereby agree as follows:
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3.
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Scope of Services
Contractor shall provide the City with a computerized polygraph machine and related
supplies forth in Exhibit A, a copy of which is attached hereto and incorporated herein by
this reference.
Standard of Perfori-nanc
In undertaking the performance of this Agreement, Contractor represents that it is
knowledgeable in the polygraph technology field and that any products supplied by
Contractor under this Agreement will be manufactured in compliance with such standards
as may reasonably be expected from a business in that field.
Compensation fQr Products
The City agrees to pay Contractor, as full compensation for products provided pursuant to
this Agreement a maximum amount of $14,000.00. Compensation for product
purchases shall be made in accordance with Exhibit A.
Termination of Agreement
This Agreement shall continue until terminated. Either party may terminate this
Agreement upon thirty (30) days written notice of termination on the other party,
5. Independent Contractor
Contractor is an independent contractor and not an employee of the City, and all of
Contractor's personnel shall be employees or subcontractors of Contractor, and not
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employees of the City. Contractor shall pay all salaries and wages, employer's Social
Security taxes, unemployment insurance and similar taxes relating to employees, and
shall be responsible for all applicable withholding.
6. Notice
Notice and written communication sent by one party to the other shall be personally
delivered or sent by U. S. Mail, postage prepaid, to the following addresses:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.Q. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
and,
Chief of Police
City of Santa Ana
60 Civic Center Plaza
P.O. Box 1981
Santa Ana, California 92702
Denah H. Yoshiyama
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702
telefacsimile (714) 647-6515
To Consultant:
Lafayette Instrument
P.O. Box 5729
Lafayette, IN 47903
telefacsimile (765) 423-4111
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8. Subcontractors
None of the services included in this Agreement shall be subcontracted without the prior
written approval of the City Manager and/or his/her designee. Contractor shall be fully
responsible to the City for the performance of any subcontractors.
9. Indemnification
Contractor shall defend, indemnify and save harmless the City of Santa Ana, its officers,
agents, employees and volunteers, from claims of any kind or nature (including Worker's
Compensation claims), for damages to physical property and/or physical injury or death
to persons resulting from or arising out of acts, errors or omissions of Contractor, its
agents, employees or subcontractors, in the performance of work pursuant to this
Agreement.
10. Certification of Non -Discrimination
Contractor certifies that it will not discriminate against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status, sex or age, in compliance
with Government Code 12900, et seq. Contractor agrees to take affirmative action to
insure that applicants are employed, and that employees are treated during employment,
without regard to their race, religious creed, color, national origin, ancestry, physical
disability, menial disability, medical condition, marital status, sex or age.
11. Vli'
The invalidity in whole or in part of any provision of4his Agreement shall not void or
affect the validity of any other provision of the Agreement.
12. Laws Governing this Agreeme
This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
13. Exclusivity and Amendment of Agreement
This Agreement supersedes any and all other Agreements either oral or in writing
between the parties hereto with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party which are not embodied herein, and that no other agreement
or amendment hereto shall be effective unless executed in writing and signed by both the
City and Contractor.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
co -P]1-111T—)'fC,—,,A� E. HEA111
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
N
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Dena i H. Yoshiyama
Assistant City Attov
/�,DriAVID N. REAM
City Manager
CITY OF SANTA ANA
MIWEt A. PULIDO
Mayor
Lafayette Instrument
L cu
By: 8-1rw
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