WILLDAN HOMELAND SOLUTIONS - Laserfiche WebLink

Home Browse Search

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 $750,000 during the term of this Agreement. b. Payment by City shall be made following receipt of proper invoice evidencing the completion of milestones as set forth in Exhibit A, subject to the following process: 1. Consultant shall deliver a detailed invoice to the City of Santa Ana 2. At the time of delivery to City, Consultant shall deliver a copy of each invoice to the Designated Point of Contact for each Agency for which services were rendered. The effected Agency shall, within ten days of receipt, notify City of any discrepancies in the billing, or unsatisfactory delivery of services or materials. 3. If City does not receive a challenge from any Agency, City shall pay the invoice within thirty (30) days of receipt of the invoice, subject to City accounting procedures. c. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials distributed during classes, and any other written papers or materials prepared for the presentations hereunder, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all training and exercises and submission of required evaluation and After Action Reports to the City, which the parties agree should be substantially complete on or before March 1, 2010. 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