TSJ ELECTRICAL & COMMUNICATIONS, Inc. DBA MASTERS ELECTRIC 8 - 2014

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INSURANCE ON FILE N-M 4 -067 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 16- PC> 5 CLERK OF COUNCIL CONTRACTOR AGREEMENT DATE: 1, Y 2 C) aV THIS AGREEMENT, made and entered into this I' day of March, 2014 by and between TSJ "(1 Electrical & Communications, Inc., dba Masters Electric, 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 all aspects of the design, installation and repair of public address systems. 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 provide maintenance and repair of the public address system at the Santa Ana Regional Transportation Center, on an on -call basis. Such services shall be provided at the request of the Executive Director of Public Works or his designated representative. Contractshall respond to trouble calls within four (4) hours of notification by City. ; , 2. COMPENSATION a. City agrees to pay, and Contractor agrees to ace t-als—total payme t or its labor services at the rate of $110.00 per hour plus a vehicle call out expense o tal to be expended under this Agreement shall not exceed $25,000.00 during the t �f s Agreement. b. Payment by City shall be made within thirty (30 following receipt of proper invoice evidencing work performed, subject to City accounting procures. Payment need not be made for work which fails to meet the standards of performance set forth in a Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 1, 2014 and terminate on February 29, 2016, unless terminated earlier in accordance with Section 12, 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 salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.