25B - AGMT - FIRE SYSTEM AND HVAC

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of Thirty Two Thousand Six Hundred Ten Dollars ($32,610), as set forth in the letter from Contractor dated January 6, 2014, attached hereto and incorporated herein as Exhibit C. B, Contractor shall perform such services as may become necessary for maintenance and repair of the City's HVAC system as requested by the City at the prices set forth in Exhibit B, specifically ASA Customer Rates, for a total not to exceed amount of Thirty Thousand, Dollars ($30,000). C. The total suin to be expended under this Agreement for all services shall not exceed Sixty Two Thousand Six Hundred Ten Dollars ($62,610) annually, during the term of this Agreement. D. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, 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. 3. TERM The Effective Date of this Agreement shall be January 1, 2014, and Termination Date of December 31, 2014, unless terminated earlier in accordance with Section 12, below. The Term of this Agreement shall cover and compensate for services rendered by the Contractor to the City from January 1, 2014, in order to provide continuous uninterrupted service to the City. 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. 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 naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage 25B -4