MAPPING SOLUTIONS, INC. - 2006 - Laserfiche WebLink

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3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $600,000.00 during the term of this Agreement. Funding of has been approved for Phase I. If the State of California does not extend the UASI Grant Funding beyond the current December 31, 2006 deadline, the services required to deliver Phase II and Phase III will not be commenced until further funding sources have been identified. b. Payment by City shall be made as follows: . One Hundred Thousand dollars ($100,000) upon execution of this Agreement. Consultant shall invoice City for the remaining $] 00,000 upon delivery of 180 Hazmat pre-plan conversions as set forth in Exhibit A. . Upon City's written authorization to proceed with Phase II, Consultant shall invoice City for services provided pursuant to Phase II, as set forth in Exhibit A. · Upon City's written authorization to proceed with Phase 111, Consultant shall invoice City for services provided pursuant to Phase III, as set forth in Exhibit A. · City shall pay each invoice within thirty (30) days, subject to City accounting procedures. c. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2007, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the Fire Chief and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. II II 2