PCC NETWORK SOLUTIONS, A PACIFIC COAST CABLING, INC. CO. 5 -2013

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is requested. Each invoice shall include 1) the City of Santa Ana Telecommunications Service Request (TSR) number and 2) this Agreement number. d. Payment by City shall be made within thirty (30) days following receipt of proper invoice, 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. e. Invoices shall be mailed to: City of Santa Ana Attn: Carl Marek Telecommunications Services (M -77) P.O. Box 1988 Santa Ana, CA 92702 -1988 3. TERM This Agreement shall commence on the date first written above and terminate on August 31, 2016, unless terminated earlier in accordance with Section 12, below. The Agreement may be renewed for up to three additional one -year periods, on the mutual agreement of the parties. 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 salaries, wages, bonuses, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) Page 26 of 36