Laserfiche WebLink
SYSTES FAILS TO MEET APPLICABLE PROFESSIONAL STANDARDS, LINEAR <br />SYSTEMS SHALL WITHOUT ADDITIONAL COMPENSATION CORRECT OR <br />REVISE ANY ERRORS OR DEFICIENCIES IN ITS REPORTS, DRAWINGS, <br />SPECIFICATIONS, DESIGNS, AND OTHER ITEMS OR SERVICES. All products <br />listed in Exhibits A and C are covered by a minimum of a one-year warranty. LINEAR <br />SYSTEMS D.I.M.S. software includes a five-year maintenance plan that provides <br />software fixes and version upgrades at no additional cost. If a unit must be returned to <br />factory for repair, a loaner unit will be available. City will pay for shipping of product <br />returned to Linear for depot service and Linear will pay for return shipping. The Linear <br />Digital Lab Solution and components include a one-year on-site warranty after date of <br />purchase. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A and C. The total sum to be <br />expended under this Agreement shall not exceed $600,000.00 during the term of this <br />Agreement. City agrees to pay seventy five 75% of the cost of hardware no later than <br />10 days after execution of this agreement. <br />b. The remainder of Payments by City shall be made within forty-five (45) <br />following receipt of proper invoice evidencing work performed, subject to City <br />accounting procedures. Payment need not be made for work that fails to meet the <br />standards of performance set forth in the Recitals, which may reasonably be expected by <br />City. <br />All invoices to the Santa Ana Police Department will be N-45 DOI <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate one <br />year thereafter, unless terminated earlier in accordance with Section 12, below. The term <br />of this Agreement may be extended upon a writing executed by the Chief of Police and <br />the City Attorney. Upon exercise of second year maintenance options, the Contract will <br />be extended for an additional year terminating two years from the date of execution. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />