AgdaPkt 2009-02-09 reg - Laserfiche WebLink

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6.1C Page 4 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit "An and "B" 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 as described in Exhibit "A" and "B" of this Agreement will be Three hundred twelve thousand and 00/100 Dollars ($312,000.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Consultant's services are provided on an hourly time and expense basis. Covello has no responsibility to provide services in excess of the amounts indicated in Exhibit "A" and "B" unless modified by subsequent amendments to this Agreement. City shall compensate Consultant for all services to be performed by Consultant in an amount equal to Consultant's hourly rates for Consultant's personnel times the number of hours (or portions of hours measured in quarter hours) of services rendered. The rates of charge for Consultant's personnel are set forth in Exhibit "A" and "B". City shall reimburse Consultant for expenses directly incurred in performing services, including expenditures for or not included in hourly compensation rates, and similar out- of-pocket expenses, including such additional compensable expenses as may be described in Exhibit "A" and "B". Compensation and reimbursement of expenses shall be payable upon monthly billing by Consultant to City, which billing shall include an itemized statement, briefly describing the services rendered and costs incurred, respectively, for the items billed. City shall pay all undisputed amounts within thirty (30) days of receipt. 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. ATTY/AGR/2009.003 012609 2