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DocuSign Envelope ID: 1649E257-9F5E-4C77-9FF3-A4563FB252C7
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<br />THE CITY OF SAN JILARCOS
<br />SERVICES
<br />CONTRACT
<br />• ♦IR HAIL DAMAGE #219-268
<br />This Agreement (this "Agreement") is entered into by and between THE CITY OF SAN MARCOS, a municipality in the
<br />State of Texas ("CITY"), and Procare Collision, LLC (AMM Collision Center, San Marcos, TX) whose address is 1095 N.
<br />Business IH -35, New Braunfels, Texas (CONTRACTOR"), and is effective for all purposes as of the date of the last
<br />signature to this Agreement ("Effective Date").
<br />City and Contractor agree as follows:
<br />1. Services. Contractor will perform the Services ("Services" or "Project") and provide deliverables ("Deliverables") set forth
<br />in Exhibit A, attached and incorporated for all purposes, to the satisfaction of the City.
<br />2. Term. The term ("Term") of this Agreement will commence on the Effective Date until all identified (Exhibit
<br />AI) automobiles are repaired but will not exceed a six (6) months, unless sooner terminated as provided herein.
<br />3. Compensation. Contractor's fees for the Services are set forth in Exhibit A and Exhibit A1, attached and incorporated
<br />for all purposes for an amount not to exceed three hundred and twenty-seven thousand, three hundred and ninety-eight
<br />dollars and twenty-nine cents $327,398.29 for the full term of the Agreement. City will pay to Contractor compensation
<br />for performance of the Services within thirty (30) days after receipt of an appropriate invoice ("Invoice") and City's
<br />approval of Services. Payment will be made in accordance with the Texas Prompt Payment Act, currently codified in
<br />Chapter 2251, Texas Government Code. Payment for delivery of Services, and rendered will not be unreasonably
<br />withheld or delayed. If City disapproves any amount submitted for payment by Contractor, City will give Contractor
<br />specific reasons for disapproval in writing within a reasonable time. Upon resolution of any disputed charges, Contractor
<br />will re -invoice such remaining charges to City.
<br />WARRANTIES, TERMS, AND REPRESENTATIONS.
<br />4. Compliance with Laws and Policy. Contractor warrants and agrees that Contractor will perform the Services and
<br />conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances.
<br />For any Service performed on premises owned or controlled by City, Contractor warrants and agrees that Contractor will
<br />perform the Services in compliance with all City's Rules and "Standard Terms and Conditions," when not in conflict
<br />with the terms of this Agreement, found at www, am l_:rt'costx�:gpv�ti rrai_sp�'7dcoiidc tiL)tLs including but not Limited to,
<br />prohibitions related to tobacco use, alcohol, and other drugs.
<br />4.1 Contractor will obtain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by
<br />federal, state or local laws, regulations or ordinances, required for the performance of the Services.
<br />S. Performance. Contractor represents that Contractor has the personnel, experience, and knowledge necessary to qualify
<br />Contractor for the particular duties to be performed under this Agreement. Contractor warrants that all services performed
<br />under this Agreement will be performed consistent with generally prevailing professional or industry standards.
<br />6. Authority. Contractor represents and agrees that this Agreement reflects Contractor's frill and correct name and that
<br />Contractor is entering into this Agreement in an individual capacity/with authorization on behalf of the named entity.
<br />7. Conflict of Interest. Contractor represents, and agrees that Contractor presently has no interest and will not acquire any
<br />interest, direct or indirect, that would conflict in any manner or degree with Contractor's performance of the Services
<br />hereunder. Contractor further warrants that no relationship or affiliation exists between Contractor and City that could
<br />be construed as a conflict of interest with regard to this Agreement.
<br />8. Deliverables and use of Documents. All drawings, specifications, plans, computations, data, photographs, records, models,
<br />statements, reports, and other deliverables or materials prepared or produced by Contractor in connection with the Services
<br />(collectively, "Service Deliverables"), whether or not accepted or rejected by City, are the property of City and for its
<br />exclusive use and re -use at any time without further compensation and without any restrictions. Contractor will not sell,
<br />disclose, or obtain any other compensation for the Service Deliverables. Contractor will not use Service Deliverables in
<br />any manner for any other purpose without the express written consent of City.
<br />9. Assignment. Contractor's interest in this Agreement (including Contractor's duties and obligations under this Agreement,
<br />and the fees due to Contractor under this Agreement) may not be subcontracted, assigned, delegated, or otherwise transferred
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