INFOSEND, INC. 1 - 2007 - Laserfiche WebLink

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2. 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 $100,000, annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. c. The printing and mailing unit prices quoted may increase at the commencement of successive one -year terms if the costs of materials increases. Any such unit price increase will be no more that the annual CPI percentage change for the State of California. Consultant shall notify City at least thirty (30) days prior to the new one -year term if any such price increase is instated. City shall provide a postage deposit of $13,040 (40,000 pieces of mail per month x $0.326). d. City shall be responsible for payment related to United States Postal Service postage rates increases. City will be invoiced the amount of excess for overweight and foreign mail. 3. TERM This Agreement shall commence on April 1, 2007 and terminate on March 31, 2008, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Finance and Management Services and the City Attorney. 4. 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: