2004/11/29 Council Agenda Packet

5 (vii) Take responsibility for and resolve any issues with the performance of its subcontractor. City of Everett shall pay PSE for the Pre-Rinse Spray Head Program services as set forth in Section 2 Snohomish shall pay PSE for the Pre-Rinse Spray Head Program services as set forth in Section 3 Section 2. Compensation from City of Everett 2.1 Payment Amount—Pre-Rinse Spray Head Program City of Everett will pay to PSE, on a monthly basis, fifty-six dollars ($56.00) for each pre-rinse spray head installed. 2.2 Payment Method PSE will submit an invoice to City of Everett by the 30th of each month for the previous calendar month's installations. City of Everett will pay to PSE the amount of any invoice for the payment amounts referred to in Section 2 within thirty (30) days after the date of such invoice. PSE may accept any check or payment without prejudice to its rights to recover the balance due or to pursue other rights or remedies. No endorsement or statement on any check or payment or letter accompanying any check or payment or elsewhere will be construed as an accord or satisfaction. All amounts payable under this Agreement are denominated in United States dollars and City of Everett will pay all amounts payable under this Agreement in lawful money of the United States. 2.3 Taxes City of Everett will be responsible for the payment of all taxes of whatever nature and source, levied on or with respect to the amounts stated in PSE's invoices, exclusive of any taxes based on PSE's net income. Section 3. Compensation from Snohomish 3.1 Payment Amount—Pre-Rinse Spray Head Program Snohomish will pay to PSE, on a monthly basis, fifty-six dollars ($56.00) for each pre-rinse spray head installation in which the water heating fuel source is electricity, up to a maximum of 400 such installations. 3 PAGE 3