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TRADE SERVICES CONTRACT <br />Towing Services - Vehicles up to 1 ton <br />BETWEEN: The City of Eugene, an Oregon <br />Municipal Corporation <br />AND: T & M Tow, Inc. <br />CONTRACT NO.: 2005-00407 <br />EFFECTIVE <br />DATE: Upon Signing <br />(City) <br />(Contractor) <br />RECITALS <br />A. Contractor is engaged in the business of providing towing services, and has obtained and <br />currently holds all licenses, permits, certifications, bonds or other authorization required by <br />Federal, State or local law or regulations to engage in such business. <br />B. City desires to engage Contractor to perform the services described in the attached Exhibit <br />D (the "Services"). Contractor has represented that it is qualified to perform the Services, <br />and desires to enter into this contract with City on the terms set forth below. <br />AGREEMENT <br />1. Engagement. City hereby engages Contractor to perform the Services, and Contractor <br />agrees to perform the Services, according to the terms and conditions set forth herein and <br />in the following exhibits: <br />Exhibit A - City of Eugene Standard Contract Provisions <br />Exhibit B - Description of Services and Fee Schedule <br />2. Initial Term. The term of this contract shall be for one year unless earlier terminated in <br />accordance with paragraph 16 <br />Renewal.; The Contract maybe extended for one or more renewal terms by mutual <br />agreement of the parties, provided that either party may condition its consent to renewal <br />upon the modification of any provision hereof and further provided that the total duration of <br />all renewal terms including the initial term, may not exceed 6 years. The duration of a <br />renewal term and any modification of the Contract shall be set forth in a written <br />amendment signed by the parties. <br />3. Compensation. Subject to City's right of offset for breach, Contractor will bill City for the <br />Services by submitting periodic invoices that conform to the requirements of Exhibit B. <br />City will make payments within thirty (30) days of receipt of a properly submitted invoice. <br />Notwithstanding the foregoing, City will have the right to withhold payment for any item <br />Non-Facility Trade service Contract--Page 1 <br />(Revised December 1997) <br />