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CITY OF RANCHO PALOS VERDES <br /> MAINTENANCE AGREEMENT <br /> THIS AGREEMENT("Agreement") is made and entered this 16th day of September, 2014, by and <br /> between the CITY OF RANCHO PALOS VERDES, a California municipal corporation ("City") and <br /> MULTI W SYSTEMS, INC. ("Contractor"). <br /> In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: <br /> 1. Scope of Services. Contractor shall perform the work and provide all labor, materials, <br /> equipment and services in a good and workmanlike manner for the project identified as <br /> the Abalone Cove Sewer System Maintenance Services ("Project"), including providing <br /> replacement pumps, as described in this Agreement. Upon written notification of <br /> mechanical malfunctions from the City, Contractor shall dispatch workers to perform with <br /> due diligence the services requested by the City. <br /> 2. Extra Work. Extra work, when ordered in writing by the Director of Public Works and <br /> accepted by the Contractor, shall be paid for under written work order in accordance with <br /> the terms therein provided. Payment for extra work will be made at the unit price or lump <br /> sum previously agreed upon in writing between the Contractor and the Director of Public <br /> Works.All extra work shall be adjusted daily upon report sheet furnished by the Contractor, <br /> prepared by the Director of Public Works, and signed by both parties, and said daily report <br /> shall be considered thereafter the true records of extra work done. <br /> 3. Term. This Agreement shall commence on September 17, 2014, and shall terminate on <br /> June 30, 2018, unless sooner terminated pursuant to Section 11 of this Agreement. <br /> 4. Time. Time is of the essence in this Agreement. <br /> 5. Force Majeure. Neither the City nor Contractor shall be responsible for delays in <br /> performance under this Agreement due to causes beyond its control, including but not <br /> limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or <br /> other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight <br /> embargoes, unusually severe weather, and supplier delays due to such causes. Neither <br /> economic nor market conditions nor the financial condition of either party shall be <br /> considered a cause to excuse delay pursuant to this Section. Each party shall notify the <br /> other promptly in writing of each such excusable delay, its cause and its expected delay, <br /> and shall upon request update such notice. <br /> 6. Compensation. In consideration of the services rendered hereunder, City shall pay <br /> Contractor a not to exceed amount of thirty thousand dollars ($30,000) per fiscal year, in <br /> accordance with the prices as submitted in Contractor's Schedule of Hourly Rates, <br /> attached hereto as Attachment"A" and incorporated herein by this reference, which in any <br /> case shall meet or exceed prevailing wage rates. The rates in Attachment "A" shall be in <br /> effect through the end of the Agreement. In the event of any conflict between the terms of <br /> this Agreement and incorporated documents, the terms of this Agreement shall control. <br /> 7. Payments. Contractor shall submit monthly invoices for the percentage of work completed <br /> in the previous month. City agrees to authorize payment for all undisputed invoice <br /> amounts within thirty(30)days of receipt of each invoice. City agrees to use its best efforts <br /> to notify Contractor of any disputed invoice amounts or claimed completion percentages <br /> Page 1 of 8 <br /> Maintenance Agreement <br />