AG 2004 01 26 - Laserfiche WebLink

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as may be needed in the fulfillment of the agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness is critical to the successful completion of the project, and therefore both shall always make their best faith efforts to be accountable and promptly responsive to each other. COMPENSATION In payment for the services to be performed hereunder by Consultant, Client shall make payments to the Consultant as follows: (a) For the services to be performed by the Consultant pursuant to paragraph 2 hereof, there shall be no hourly charge. Time beyond five hours customizing the draft ordinance or attendance at more than one meeting related to the customization, consideration or adoption of the Ordinance shall be billed at the Consultant's normal hourly rate. Based on prior experience, Consultant feels that this should be sufficient time to prepare an Ordinance that will meet Client's needs. Therefore, Consultant anticipates that, absent extraordinary circumstances, there will be no charge to Client for the preparation of the Ordinance. (b) For the services to be performed by the Consultant pursuant to paragraph 3 hereof, Client shall pay Consultant its normal published hourly rate (which at the date of this agreement is $200.00 per hour (but is subject to reasonable change over time) for each hour of time devoted by Consultant to the performance of such services, provided, however, that for time traveling by Consultant in conjunction with the performance of such services Client shall pay Consultant only 50% of the Consultant's normal published rate for interstate travel. (Note: The draft Ordinance as initially provided to Client shall require an applicant to pay, in advance of any work related to the application or the application process, a sum to be placed into an escrow account to assure that Client is reimbursed by the applicant for the amounts payable by Client hereunder to the Consultant.) (c) Consultant shall invoice Client regularly, but no less frequently than monthly, after services have been performed, for any compensation payable pursuant to paragraph 5(b) of this agreement. Such invoices shall be due and payable upon receipt, but in no case later than thirty (30) days. REIMBURSEMENT F.OR EXPENSES For services performed hereunder, Client shall reimburse Consultant, for out-of-pocket expenses for the following items: (a)Travel-related costs such as airfare, car rental, night lodging accommodations and meals consumed while on-site or enroute; (b) Expedited or overnight delivery service; (c) Any other reasonably necessary expenses directly related and attributable to the fulfillment of this agreement. Consultant's requests for expense reimbursement shall be included in Consultant's invoice at actual cost, with no markup. TERM OF AGREEMENT; TERMINATION After the review of the initial application, assuming Consultant's work is acceptable to Client, this agreement shall be for a period of a minimum of three (3) years commencing on the date set forth at the top of page one (1) of this agreement. In the event that the Consultant refuses or fails to provide services hereunder with due diligence, or is guilty of a substantial violation of any provision of this agreement, Client shall send Consultant written notice that the Consultant has thirty (30) days to cure said default; and, if at the end of said thirty (30) day period Consultant has not cured said default, this agreement may be terminated. After the three (3) year period, the agreement will continue automatically on a month-to- month basis, unless terminated in writing by either party with sixty (60) -days notices. Last Revision: 9/12/03 2