Contracts & Agreements_203-2024 - Laserfiche WebLink

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ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 PM Agent shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," titled, "Scope of Services" ("Services") which is attached hereto and incorporated herein by this reference. 4.2 The term of this Agreement shall be for a period commencing as of the Effective Date and ending on June 30, 2026, or unless terminated earlier as provided herein. 4.3 Either party may terminate this agreement by giving a minimum of thirty (30) days written notice to the other party. 4.4 If PM Agent's Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council -adopted policy for the same. It shall be the obligation of PM Agent to obtain a copy of such policy from City staff. 4.5 The parties to this Agreement acknowledge that the City does not own the Facility, and that the current owner of the Facility may elect to cancel this Agreement at any time. The parties agree that in the event of such cancellation, or other material interference by the current Facility owner, the parties will deem this Agreement canceled when either party provide written notice to the other party of such occurrence, and will hold each other harmless. ARTICLE 5 — PAYMENTS TO PM AGENT 5.1 Total compensation for Contractor's performance of the Services shall not exceed the amount of Four Hundred Twenty -Five Thousand Dollars ($425,000). City shall pay PM Agent on a time and materials basis up to the not to exceed amount in accordance with Exhibit "B," titled "Rate Sheet," which is attached hereto and incorporated herein by this reference. 5.2 PM Agent shall submit monthly invoices to City describing the Services performed during the preceding month. PM Agent's invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY PM AGENT I: cino\Agreements\Step Up on Second Street, Inc. (Property Management) Agreement FY24-0058v.2.docx-msv.2