25C - AGMT - CAR WASHING SRVS - Laserfiche WebLink

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A. The total sum to be expended pursuant to this Agreement shall not exceed $185,000.00 during the term of this Agreement, with $160,000.00 for the new car wash equipment and maintenance /servicing, and $25,000.00 allocated for the operational supplies and routine maintenance at the Corporate Yard referenced in Exhibit B. City shall pay Contractor in installments as set forth in Exhibit A: 50% down payment upon order placement; 25% progress payment upon completion and permit sign -off by City; and, 25% retention to be held by City for two (2) months, payable to Contractor after verification by City that the Water Wise equipment meets the expectations of City. 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. 8. TERM This Agreement shall commence on the date first written above and terminate three (3) years after installation of the new car wash equipment on November 1, 2019, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 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. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or 25C -6