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Page 2 <br />Davey Resource Group PSA 2022 <br />documents or intangible property created pursuant to this Agreement, or for the City of Everett, <br />belong to the City of Everett. Service Provider retains any intellectual property rights in documents <br />and intangible property created by Service Provider prior to engagement, or not created by Service <br />Provider for its performance of this Agreement. <br /> <br />3. Time of Beginning and Completion of Performance. This Agreement shall commence as <br />of the date of mutual execution of this Agreement and shall be completed four years from the date <br />of completed software implementation. <br /> <br />4. Compensation. <br /> A. The City shall pay the Service Provider only for completed Work and for services <br />actually rendered which are described herein. Such payment shall be full compensation for Work <br />performed or services rendered, including, but not limited to, all labor, materials, supplies, <br />equipment, and incidentals necessary to complete the Work. <br /> <br /> B. Service Provider shall be paid such amounts and in such manner as provided on Form <br />4.02 Price Sheet. <br /> <br /> C. Total compensation, including all services and expenses, shall not exceed a maximum of <br />$65,408.00 plus any applicable taxes to provide the tree inventory report and $13,050 plus any <br />applicable taxes for the tree inventory software. <br /> <br /> D. If Service Provider fails or refuses to correct its work when so directed by the City, the <br />City may withhold from any payment otherwise due an amount that the City in good faith believes <br />is equal to the cost to the City of correcting, re-procuring, or remedying any damage caused by <br />Service Provider’s conduct. <br /> <br />5. Method of Payment. <br /> A. To obtain payment, the Service Provider shall (a) file its request for payment, accompanied <br />by evidence satisfactory to the City justifying the request for payment; (b) submit a report of Work <br />accomplished and hours of all tasks completed; and (c) comply with all applicable provisions of <br />this Agreement. Service Provider shall be paid no more often than once every thirty days. <br /> <br /> B. All requests for payment should be sent to: <br /> <br /> City of Everett – Parks & Community Services <br /> Attn.: Kimberly Moore <br /> 802 E Mukilteo Boulevard <br /> Everett, WA 98203 <br /> <br />6. Submission of Reports and Other Documents. The Service Provider shall submit all <br />reports and other documents as and when specified in Exhibit A. Said information shall be subject <br />to review by the City, and if found to be unacceptable, Service Provider shall correct and deliver <br />to the City any deficient Work at Service Provider’s expense with all practical dispatch. Service <br />Provider shall abide by the City’s determinations concerning acceptability of Work. <br />