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Chargeback Services as listed in Exhibit C, may be expended during Period One. The total sum
<br />to be expended under this Agreement shall not exceed $967,784.00 during Period One.
<br />b. During Period Two, September 1, 2005 through August 31, 2006, the Total Annual
<br />Sum to be expended under this Agreement for staffing, pharmaceuticals, supplies and other, shall
<br />not exceed $926,406.00, as set forth in Exhibit A. An additional amount up to $110,000.00 for
<br />Additional / Chargeback Services, as listed in Exhibit C, may be expended during Period Two.
<br />The total sum to be expended under this Agreement shall not exceed $1,036,406.00, during
<br />Period Two.
<br />c. During Period Three, September 1, 2006 through August 31, 2007, the Total Annual
<br />Sum to be expended for staffing, pharmaceuticals, supplies and other, shall not exceed
<br />$1,000,518.00, as set forth in Exhibit A. An additional amount up to $110,000.00 for Additional
<br />/ Chargeback Services, as listed in Exhibit C, may be expended during Period Three. The total
<br />sum to be expended under this Agreement shall not exceed $1,110,518.00, during Period Three.
<br />d. One-twelfth of the Total Annual Sum shall be paid monthly by the 30s' day of each
<br />month, after receipt of a complete invoice. Payment for Additional / Chargeback Services shall
<br />be made within thirty (30) days following receipt of proper invoice evidencing work performed,
<br />subject to City accounting procedures. Payment need not be made for work which fails to meet
<br />the standards of performance set forth in the Recitals which may reasonably be expected by City.
<br />e. City shall not reimburse Contractor for services provided beyond the expiration
<br />and/or termination of this Agreement, except as may otherwise be provided under this
<br />Agreement, or specifically agreed upon in a subsequent Agreement.
<br />4. INDEPENDENT CONTRACTOR
<br />Contractor is, and shall at all times be deemed to be, an independent contractor, wholly
<br />responsible for the manner in which it performs the services hereunder. Contractor is entirely
<br />responsible for compensating staff and consultants employed by Contractor. This Agreement shall
<br />not be construed as creating the relationship of employer and employee, or principal and agent,
<br />between City and Contractor or any of Contractor's agents, employees or subcontractors.
<br />Contractor assumes exclusive responsibility for acts of its employees, agents or subcontractors as
<br />they relate to the services provided during the course and scope of their employment. Contractor's
<br />employees, agents or subcontractors shall not be entitled to any rights or privileges of City
<br />employees, nor be considered in any manner to be City employees.
<br />5. EXPENDITURE AND REVENUE REPORT
<br />No later than sixty (60) days following Period One, Period Two and Period Three of this
<br />Agreement, Contractor shall submit to City for informational purposes only, an Expenditure and
<br />Revenue Report for that period. Such report shall be prepared in accordance with the format that
<br />is provided by City.
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