25E - AGMT - MAINTENANCE STADIUM MARQUEE AND SCOREBOARD

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MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of December, 2012 by and between Daktronics, Inc., (hereinafter "Contractor"), and the City of Santa Ana (hereinafter "city"). RECITALS A. Pursuant to Agreement A-2006-255, dated September 6, 2006, Contractor installed and has maintained an electronic scoreboard/marquee at the Santa Ana Stadium. B. The City desires to retain Contractor to continue to maintain the scoreboard/marquee. 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 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 contractor 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 maintenance and repair services for the marquee/scoreboard at the Santa Ana Stadium, as set forth in Exhibit A, attached hereto and 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 Exhibit A, attached hereto and incorporated by reference. The total sum to be expended under this agreement shall not exceed $26,590 plus a $5,000 contingency for training. The total amount to be expended under this Agreement shall not exceed $31,590. b. Payment by City shall be made within thirty (30) days following execution of this Agreement. 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2017, unless earlier terminated as set forth in Section 11 below. 4. 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 of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all Proposal Date: 29 February 2012; Revised: 19 September 2012 Order No. E13750-1 Copyright © Daktronics, Inc. DF-2939 Rev113011 25E-:r e 1 of 12