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Last modified
11/6/2020 9:43:24 AM
Creation date
11/6/2020 9:36:09 AM
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Contracts
Company Name
CHOURA EVENTS
Contract #
A-2020-158-37
Agency
Community Development
Council Approval Date
8/4/2020
Expiration Date
12/30/2020
Insurance Exp Date
5/6/2021
Destruction Year
2025
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b. Half of the total amount ($375,000.00) shall be paid by City to Consultant upon <br />execution of the Agreement. The remaining amount due and owing to Consultant shall <br />be paid by City to Consultant upon satisfactory completion of the project. Payment by <br />City shall be made within forty-five (45) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. If Consultant does not provide <br />services totaling the amount of the initial payment, Consultant shall refund the excess <br />payment back to the City. <br />c. Consultant acknowledges that the source of funding for this Agreement is the federal <br />CARES Act Fund, and that payments from the CARES Act Funds are only to be used <br />to make necessary expenditures incurred due to the public health emergency with <br />respect to COVID-19. The City reserves the right to reduce the amount of CARES Act <br />Funds to Consultant, or to completely terminate this Agreement, in the City's sole <br />discretion; if there is a reduction in CARES Act Funds provided to the City. <br />3. TERM <br />This Agreement shall commence on the date first written above and continue through <br />December 30, 2020, unless terminated earlier in accordance with Section 15 below, or pursuant to <br />the terms of the City's resolution proclaiming a local emergency. This Agreement shall also cover <br />any and all services provided by the Consultant to the City prior to the Effective Date. The Term <br />of this Agreement may be extended by a writing executed by the City Manager and the City <br />Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />Page 2 of 9 <br />
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