Agmt04 Waterworks Industries - Laserfiche WebLink

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3. Term. Unless earlier terminated, the term of this Agreement will be effective from the date first above written to December 31, 2005. The City Manager may amend the Agreement to extend it for three (3) additional one year periods or parts thereof in an amount not to exceed One Hundred Ninetv-Eiqht Thousand Seven Hundred Eiqhtv-Two and 50/100 dollars ($198,782.50) per each Agreement year. Extensions will be based upon a satisfactory review of Consultant's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit "A" hereof, attached hereto and by this reference incorporated herein; provided, that City will grant reasonable extensions of time for the performance of such services occasioned by unusually lengthy governmental reviews of Consultant's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement shall not exceed One Hundred Ninety-Eiqht Thousand Seven Hundred Eiqhtv-Two and 50/100 Dollars [$198,782.50). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A" Payment will occur only after receipt by City of monthly invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. Invoices shall be submitted to the City by the 20th day of the month following the month in which the work was performed, according to the schedule in attached Exhibit "C." 7. Status of Consultant. Consultant will perform the Services in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax with holdings on behalf of Consultant or its agents, employees or 2 of 18