SERVICE FIRST CONTRACTORS DBA SERVICE 1ST -2011

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INSURANCE ON FILE A-2011-249 WORK MAY PROCEED UNTIL rNJURA 1 JE EXPIRES f CLERK OF COUNCIL FOUNTAIN MAINTENANCE AGE REMENT THIS AGREEMENT, made and entered into this 7th day of November, 2011 by Service First Contractors Network dba Service 15t, 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"). RECITALS ` A. The City desires to retain a Contractor having special skill and knowledge in the provision of fountain maintenance and repair services. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable 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 consulting 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 perform fountain maintenance and repair services for City owned fountains in Downtown Santa Ana and the Civic Center, as set in City Specifications, attached hereto as Exhibit A. All Exhibits to this Agreement are incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's Proposal, attached hereto as Exhibit B. The total sum to be expended under this Agreement shall not exceed $30,690.00, which includes a ten percent (10%) contingency for unanticipated work required 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 during the prior month, 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 December 1, 201 land terminate December 31, 2013, unless terminated earlier in accordance with Section 12, below. The tern may be extended for up to two additional two-year periods on the mutual consent of the parties_ The City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City_ This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter ofthis Agreement; however. the services to he provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such ser ,icos. Contractor shall pay all salaries and wages, emplover's social security taxes, unemployment insurance and ,I InIlar ta.ecs relating io einplov ec� and shall be responsible For all applicahlc wi thliolding taxes.