Laserfiche WebLink
(5) STG shall comply with the definitions and specific terms for monetary performance <br />penalties for STG's failure to provide services in accordance with this agreement as provided in Exhibit <br />D, "Required Performance Standards and Penalties for Non -Performance." <br />2. COMPENSATION <br />a. City agrees to pay, and Vendor agrees to accept as total payment for its services, the rates and <br />charges identified in Exhibit C, attached hereto and incorporated by this reference. The total sum to be <br />expended under this Agreement shall not exceed $75,000 annually during the term of this Agreement for <br />the services and equipment identified Exhibit A. The City may add or remove equipment and/or services <br />contained herein, depending upon the City's need, with 15 days prior written notice provide by letter, fax <br />or email. <br />b. City will continue to contact the City's warranty service provider as long as the equipment is <br />under warranty. During that warranty coverage period, STG will not charge for any support. Starting the <br />day after the City's warranty period expires, STG will, unless previously informed by the City, start <br />support services and billing for support services in accordance with the terms of this agreement. STG will <br />prorate any first partial month of support to only charge for exactly the number of days that STG will be <br />responsible for the City hardware maintenance under this agreement. <br />c. The Vendor will provide the City with a monthly accounting of the services provided under <br />this Agreement which may take the form of a statement or invoice showing an itemization of the covered <br />equipment and total of the services provided in the reporting month. Payment by City shall be made <br />within thirty (30) days following receipt of proper invoice listing covered equipment, subject to City <br />accounting procedures. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />d. Invoices shall be mailed to: <br />City of Santa Ana <br />Attn: Lynda Kelly <br />Information Services, M-12 <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br />3. TERM <br />This Agreement shall commence on May 1, 2012 and terminate on April 30, 2015, unless <br />terminated earlier in accordance with Section 15, below. The City shall retain an option to extend the <br />terms and conditions of this Agreement for up to two additional one-year periods. <br />4. INDEPENDENT CONTRACTOR <br />Vendor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Vendor performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. Vendor shall pay <br />all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes for its employees. <br />City of Santa Ana Page 3 of 8 <br />