C. E. DEAN ENTERPRISES, INC.-2017

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ilvaURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES N-2017-160 LERK OF COUNCIL INDEPENDENT CONTRACTOR SERVICES AGREEMENT DATE: �XE 11 21111 THIS AGREEMENT is made and entered into this 3rd day of August 2017, by and between C.E. W Dean Enterprises, Inc., a Texas corporation, doing business as LD Systems, duly organized and existing under and by virtue of the laws of the State of Texas, authorized to conduct business in the state of California ("CONTRACTOR") having its principal place of business at 4200 International Parkway, Carrollton, Texas, 75007, 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. LD Systems provides custom outdoor through the wall enclosed payment kiosk with currency bill acceptors, currency and coin dispensers, prepaid card recharge, and ability to access CITY accounts including Municipal Utility Services, parking citations, dog licenses, business licenses and related goods and services collectively determined by the CITY and CONTRACTOR; and the CITY desires to retain a CONTRACTOR having special skill and knowledge in the field of refurbishment, monitoring, and maintenance of such systems. B. CONTRACTOR is specially trained, experienced and competent to perform such payment kiosk services and has agreed to provide the services that are the subject of this Agreement independent of any other contractual obligation 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 independent contracting 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: 1.1 The CONTRACTOR shall furnish to the CITY upon execution of this Agreement or receipt of the CITY'S written authorization to proceed, those services and work set forth in Exhibit "A", attached hereto and, by this reference, made a part hereof. 1.2 Any documents, drawings, photographs and/or written work product pertaining thereto, prepared or produced by the CONTRACTOR under this Agreement and related to the physical, mechanical, or electronic status of the kiosk, shall be made available for inspection by the CITY upon written request but shall otherwise remain the property of the CONTRACTOR. 1.3 Services and work provided by the CONTRACTOR at the CITY'S request under this Agreement will be performed in a timely manner consistent with the requirements and standards established by applicable federal, state and CITY laws, ordinances, regulations and resolutions, specifically including the Payment Card Industry Data Security Standards (PCI - DSS), and in accordance with a schedule of work set forth in Exhibit "A". The hours and times for the performance of said services and work are to be set by the CONTRACTOR; provided, however, that such schedule is subject to the requirements of the CITY as set forth in Exhibit „A„