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Page 2 of 8 <br />Agreement for Services – Pacific Water Art <br />July 1, 2018 -June 30, 2023 <br />ATTACHMENT 1 <br />to this Agreement are confidential until released by the Town to the public, and the Servi ce <br />Provider shall not make any of these documents or information available to any individual <br />or organization not employed by the Service Provider or the Town without the written <br />consent of the Town before such release. The Town acknowledges that the repor ts to be <br />prepared by the Service Provider pursuant to this Agreement are for the purpose of <br />evaluating a defined project, and Town's use of the information contained in the reports <br />prepared by the Service Provider in connection with other projects shall be solely at Town's <br />risk, unless Service Provider expressly consents to such use in writing. Town further agrees <br />that it will not appropriate any methodology or technique of Service Provider which is and <br />has been confirmed in writing by Service Provider to be a trade secret of Service Provider. <br /> <br />2.6 Compensation . <br />• Compensation for routine maintenance and repairs services for the first year : <br />o S hall not exceed $15,7 77. Payment shall be based upon Town approval of each <br />task. <br />• Compensation for unforeseen repairs to interactive fountain components: <br />o Shall not exceed $25,625 annually . Payment shall be based upon Town approval <br />of each task. <br />• Compensation for routine maintenance and repairs services for years two through five : <br />o S hall be adjusted upward annuall y for the remaining term of this Agreement by <br />the change, if any, in the San Francisco – Oakland – San Jose Metropolitan Area <br />Consumer Price Index for All Urban Consumers, all items (CPI). The adjustment <br />shall be based upon the CPI published on December 3 1 of the preceding year. <br />o If the CPI indicates a downward adjustment, compensation would remain at the <br />base amoun t . <br /> <br />2.7 Failure to Perform . It is mutually agreed by SERVICE PROVIDER and TOWN that in the event <br />that performance of the work by SERVICE PROVIDER under this Agreement is not completed <br />as scheduled, TOWN will suffer damages and will incur other costs and expenses of a nature <br />and amount which is difficult or impractical to determine. The Parties agree that by way of <br />ascertaining and fixing t he amount of damages, costs and expenses, and not by way of <br />penalty, SERVICE PROVIDER shall pay to TOWN the sum of one hundred dollars ($100.00) <br />per location per scheduled service in liquidated damages for every missed service beyond <br />three missed services in a month in addition to reducing the monthly payment by the cost <br />of that service. In the event that the liquidated damages are not paid, SERVICE PROVIDER <br />agrees that TOWN may deduct the amount of unpaid damages from any money due or that <br />may become due to SERVICE PROVIDER under this Agreement. <br /> <br />2.8 Schedule . Service Provider shall provide a schedule to the Town prior to beginning work. <br />The schedule shall identify dates of service for each location. Schedule changes shall be <br />approved by the Town with 2 4 -hour notice. Each missed location shall be considered a <br />failure to perform, unless the contractor provides advance notice of schedule change. <br />