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3. Term. Unless earlier terminated, the term of this Agreement will commence upon <br /> the date first above written and shall expire upon completion of performance of Services <br /> hereunder by Consultant. <br /> 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit <br /> "A" hereof, attached hereto and by this reference incorporated herein; provided, that <br /> Agency will grant reasonable extensions of time for the performance of such services <br /> occasioned by unusually lengthy governmental reviews of Consultant's work product or <br /> other unavoidable delays occasioned by circumstances; provided, further, that such <br /> unavoidable delay will not include strikes, lockouts, work stoppages, or other labor <br /> disturbances conducted by, or on behalf of, Consultant's officers or employees. <br /> Consultant acknowledges the importance to Agency of Agency's project schedule and <br /> agrees to put forth its best professional efforts to perform the Services under this <br /> Agreement in a manner consistent with that schedule. Agency understands, however, <br /> that Consultant's performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Compensation. The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be nineteen thousand one hundred dollars ($19,100). <br /> Should the Agency opt to conduct the optional tasks, the Executive Director is <br /> authorized to expend additional funds not to exceed four thousand four hundred dollars <br /> ($4,400) for completion of the optional tasks. The Executive Director, at his discretion, <br /> shall provide in writing notice to Consultant to perform any or all of the optional tasks. <br /> No other compensation for the Services will be allowed except for items covered by <br /> subsequent amendments to this Agreement. Agency reserves the right to withhold a <br /> ten percent (10 %) retention until Agency has accepted the work and /or Services <br /> specified in Exhibit "A." <br /> Payment will occur within 60 days after receipt by Agency of invoices sufficiently <br /> detailed to include hours performed, hourly rates, and related activities and costs for <br /> approval by Agency. Incremental payments, if applicable, should be made as outlined <br /> in attached Exhibit "A." <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, <br /> and not as an employee of Agency. The persons used by Consultant to provide <br /> services under this Agreement will not be considered employees of Agency for any <br /> purposes. <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 <br /> federal or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. Agency will not be required to pay any workers' compensation <br /> ATTY /AG R/2010.048 2 <br /> 052110 <br />