Laserfiche WebLink
Consultant, a royalty -free, nonexclusive, irrevocable license throughout the world to disclose, publish, <br />translate, reproduce, and use such materials. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Exhibit A. The total sum to be expended for these services shall not exceed <br />$232,6 80.00 during the potential three (3) year Term of this Agreement. There shall be a contingency <br />amount of an additional $95,000.00 for the potential expansion of the system implementation to other <br />City departments, locations or agencies. <br />b. Payment by City shall be made as follows: <br />*25% Invoiced at time of execution of Agreement <br />*50% Invoiced at completion of execution of on -site installation and training <br />*25% Invoiced 45 days alter on -site installation and testing <br />* *10% of each invoice will be withheld until final acceptance by City - no later than <br />"go live" or 90 days after on -site installation, whichever comes first. <br />c. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. Payment need not be made for <br />work which fails to meet the standards of performance set forth in the Recitals which may reasonably <br />be expected by City. <br />4. TERM <br />This Agreement shall have an initial two -year Term, beginning on November 1, 2014 through <br />October 31, 2016, unless terminated earlier in accordance with Section 13, below. There shall be an <br />additional one (1) year option for renewal exercisable by the City Manager or his designee. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the set-vices which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />Liability insurance which shall include, but not be limited to protection against claims arising from <br />bodily and personal injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of Consultant's operations in the performance of this Agreement, <br />including, without limitation, acts involving vehicles, The amounts of insurance shall be not less than <br />the following: single limit coverage applying to bodily and personal injury, including death resulting <br />25KK -6 <br />