Agmt09 Muniservices, LLC (1) - Laserfiche WebLink

Browse Search

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 by Consultant, City agrees to pay Consultant the rates set forth in Exhibit A applicable to each Service. Consultant shall submit timely invoices for all Services rendered. Payment will be made to Consultant within thirty (30) days of receipt of Consultant's invoice therefore. Any amounts which remain unpaid after thirty (30) days shall accrue interest at the rate of one and one-half percent (1.50/0) per month. Consultant shall be responsible for all costs and expenses incident to the performance of services for City including, but not limited to, all costs of equipment provided by Consultant, all fees, fines, licenses, bonds, or taxes required of or imposed against Consultant and all other of Consultant's costs of doing business. City shall not be responsible for expenses incurred by consultant in performing Services for City except as noted in Exhibit A, or such expenses that receive prior written approval from City. The total fee payable for the Services to be performed will not exceed amount of sixty thousand dollars ($60,000) per Agreement year. If during a year Consultant determines that within 60 days the services provided will result in invoices in excess of the annual NTE, Consultant shall notify City's Finance Director in writing. At Consultant's request, the parties shall negotiate an increase in the annual NTE. If the parties reach agreement on the increased annual NTE, City shall enter into an amendment to this Agreement increasing the annual NTE. If during a year Consultant has invoiced amounts that cumulatively equal the annual NTE, Consultant has no obligation to continue to perform under this Agreement. 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 withholdings on behalf .of Consultant or its agents, employees or 2