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DocuSign Envelope ID:75FE39C7-BC6A-40EE-BF86-44BCFC63729F <br /> , a�•r ... <br /> ::.AN 1lIA12CC/E} <br /> AGREEMENT BETWEEN THE CITY OF SAN MARCOS <br /> AND ELECTRIC CAB OF NORTH AMERICA FOR <br /> MICROTRANSIT SOLUTION <br /> CONTRACT NUMBER 222-002 <br /> This Agreement("Agreement") is entered into by and between THE CITY OF SAN MARCOS, a municipality <br /> in the State of Texas ("City" or"Owner"), and Electric Cab North America, 5011 E. Cesar Chavez St., Austin, <br /> Texas 78702("Contractor"or"Firm")and is effective for all purposes as of the date of the last signature to this <br /> Agreement("Effective Date"). <br /> 1. Background. The City has been allotted funding through the Tax Increment Reinvestment Zone ("TIRZ") <br /> for an eighteen(18)month Microtransit Solution turnkey pilot program. <br /> 2. Purpose. The purpose of this agreement is to provide a last mile Microtransit Solution to downtown <br /> employees,citizens,and visitors utilizing electric vehicles,in accordance with the terms and conditions and scope <br /> of services specified herein. <br /> City and Contractor,the"Parties", agree as follows: <br /> 1. Services. Contractor will perform the Services to provide a turnkey Microtransit Solution ("Services" or <br /> "Project") and provide deliverables ("Deliverables") set forth in Exhibit A, attached and incorporated for all <br /> purposes,to the satisfaction of City. <br /> 2. Term/Duration. The term ("Term") of this Agreement will commence on the Effective Date and will <br /> continue for a term not to exceed eighteen(18)months,unless sooner terminated as provided herein. <br /> 3. Compensation. Contractor's fees for the Services are set forth in Exhibit B, attached and incorporated for <br /> all purposes for an amount not to exceed five hundred thousand dollars and zero cents($500,000.00). <br /> 4. Payments. City will pay to Contractor compensation for performance of the Services within thirty(30) days <br /> after receipt of an appropriate invoice and City's approval of Services. Payment will be made in accordance <br /> with the Texas Prompt Payment Act, currently codified in Chapter 2251, Texas Government Code. Payment <br /> for delivery of Services and rendered will not be unreasonably withheld or delayed. If City disapproves any <br /> amount submitted for payment by Contractor, City will give Contractor specific reasons for disapproval in <br /> writing within a reasonable time. Upon resolution of any disputed charges, Contractor will re-invoice such <br /> remaining charges to City. <br /> 4.1 Payment(s)will be made by the City upon the completion and acceptance of the work performed under <br /> this contract,and submission of an original invoice to the City of San Marcos,Accounts Payable Division, <br /> 630 East Hopkins Street, San Marcos,Texas 78666, or cosmap@samnarcostx.gov. <br /> 4.2 Invoices will include the Contract Number, work description, unit price, quantity, extended price, as <br /> applicable. <br /> 5. City's Representative. The City designates Mr. Pete Binion, Assistant Director — Public Works, as its <br /> representative authorized to act in the City's behalf with respect to this Agreement. The City representative's <br /> contact information is: <br /> Mr. Pete Binion <br /> Assistant Director—Public Works <br /> Public Works Department <br /> pbinion@sanmarcostx.gov/512.393.8451 <br /> Rev 06.13.2022 Page I of 12 <br />