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b. Payment by CITY shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to CITY accounting procedures and proof of <br />insurance as set forth in section 3-9 (Insurance). Payment need not be made for work <br />that fails to meet the standards of performance set forth in the Recitals, which may <br />reasonably be expected by CITY. <br />2-1 Interest: CITY agrees to pay CONSULTANT interest at the rate of one percent <br />(1 %) per month on any delinquent balance due. All balances shall be due and payable <br />upon receipt of the billing or invoice statement. The balance due will be delinquent if not <br />paid within forty-five (45) days of receipt of the billing statement. Statements shall be <br />presumed to have been received five (5) days after they are mailed. <br />2-2 Maximum Contract Compensation: Maximum compensation payable to <br />CONSULTANT for all services rendered by CONSULTANT to CITY, including all <br />expenses incurred shall not exceed twenty-five thousand dollars and zero cents ($25,000) <br />unless the parties pursuant to duly executed amendment to this Agreement shall agree to <br />an increase in maximum contract compensation. <br />3. GENERAL PROVISIONS <br />3-1. Term of Agreement: This Agreement is effective as of the date and year first <br />above written, and will terminate on June 30, 2023, or when the appeal is complete, <br />whichever occurs first, if neither party has terminated this Agreement in accordance with <br />section 3-2. <br />3-2. Termination: Either party shall have the right to terminate this Agreement in the <br />event of a material breach by the other party. Any such termination may be made only <br />by providing sixty (60) days written notice to the other party, specifically identifying the <br />breach or breaches on which termination is based. Following receipt of such notice, the <br />party in breach shall have thirty (30) days to cure such breach or breaches. In the event <br />that such cure is not made, this Agreement shall terminate in accordance with the initial <br />sixty (60) days' notice. Notwithstanding the foregoing, either party may terminate this <br />Agreement at any time and for any reason by providing thirty -days (30) written notice to <br />the other party; provided however, that if CONSULTANT has not breached this <br />Agreement and has commenced services identified in EXHIBIT A prior to the date of <br />termination, CONSULTANT shall be entitled to payment as described in EXHIBIT B; <br />provided, however, that payment need not be made for work which fails to meet the <br />standard of performance specified in the Recitals of this Agreement. <br />3-3. Effect of Termination: Notwithstanding termination of this Agreement, CITY shall <br />be obligated to pay CONSULTANT for services performed through the effective date of <br />termination for which CONSULTANT has not been previously paid. <br />3-4. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if <br />any, in the performance of the work and services agreed to be performed, shall act as <br />and be an independent contractor and shall not act as an agent or employee of the CITY. <br />CITY understands that CONSULTANT may perform similar services for others during the <br />term of this Agreement and agrees that CONSULTANT may represent other government <br />sector clients as long as such representation does not constitute a conflict of interest <br />related to CONSULTANT'S services pursuant to this Agreement. CONSULTANT shall <br />obtain no rights to retirement benefits or other benefits which accrue to CITY'S <br />