Laserfiche WebLink
<br />a manner consistent with that schedule. Agency understands, however, that Consultant's <br />performance must be governed by sound practices. <br /> <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br /> <br />6. Compensation. The total fee payable for the Services to be performed during the <br />initial term of this Agreement will be one hundred twelve thousand dollars ($112,000). No other <br />compensation for the Services will be allowed except for items covered by subsequent <br />amendments to this Agreement. Agency reserves the right to withhold a ten percent (10%) <br />retention until Agency has accepted the work and/or Services specified in Exhibit "A" <br /> <br />Payment will occur only after receipt by Agency of invoices sufficiently detailed to include <br />Services performed, related activities and costs for approval by Agency. Incremental payments, <br />if applicable, should be made as outlined in attached Exhibit "A" <br /> <br />7. Status of Consultant. Consultant will perform the Services in Consultant's own <br />way as an independent contractor and in pursuit of Consultant's independent calling, and not as <br />an employee of Agency. The persons used by Consultant to provide services under this <br />Agreement will not be considered employees of Agency for any purposes. <br /> <br />The payment made to Consultant pursuant to the Agreement will be the full and <br />complete compensation to which Consultant is entitled. Agency will not make any federal or <br />state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. <br />Agency will not be required to pay any workers' compensation insurance or unemployment <br />contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to <br />indemnify Agency within thirty (30) days for any tax, retirement contribution, social security, <br />overtime payment, unemployment payment or workers' compensation payment which Agency <br />may be required to make on behalf of Consultant or any agent, employee, or subcontractor of <br />Consultant for work done under this Agreement. At the Agency's election, Agency may deduct <br />the indemnification amount from any balance owing to Consultant. <br /> <br />8. Subcontractinq. Consultant will not subcontract any portion of the Services <br />without prior written approval of Executive Director or his/her designee. If Consultant <br />subcontracts any of the Services, Consultant will be fully responsible to Agency for the acts and <br />omissions of Consultant's subcontractor and of the persons either directly or indirectly employed <br />by the subcontractor, as Consultant is for the acts and omissions of persons directly employed <br />by Consultant. Nothing contained in this Agreement will create any contractual relationship <br />between any subcontractor of Consultant and Agency. Consultant will be responsible for <br />payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of <br />a subcontractor by the terms of this Agreement applicable to Consultant's work unless <br />specifically noted to the contrary in the subcontract and approved in writing by Agency. <br /> <br />9. Other Consultants. Agency reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />10. Prevailinq WaQe. Consultant shall comply with applicable prevailing wage laws <br />set forth in California Labor Code SS 1720 et seq. <br /> <br />ATTY/AGR/2006.079 <br />092906 <br /> <br />2 <br />