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<br />. <br /> <br />. <br /> <br />Representative accepts the services performed by Consuitant, Principal Representative shall pay the <br />consultant within 30 days of the date of receipt of Consultant's invoice for services performed under <br />this agreement. Payment shall be made against Application for Payment (State Form SC-7.1). <br /> <br />ARTICLE 3. CONSULTANT CERTIFICATION <br /> <br />In accordance with Section 24-30-1404(1), C.RS., the Consultant has executed a certificate, which is <br />attached hereto and made a part hereof by reference as Exhibit D, stating that wage rates (Exhibit <br />C), and other factual unit costs supporting the compensation paid by the State for these professional <br />services are accurate, complete, and current. The original Agreement price and any additions thereto <br />shall be adjusted to exclude any significant sums by which the State deterrnines the Agreement price <br />has been increased due to inaccurate, incomplete, or non-current wage rates and other factual unit <br />costs. All such contract adjustments shall be made within one year following the end of this <br />Agreement. <br /> <br />ARTICLE 4. AGREEMENT EXPIRATION <br /> <br />Unless sooner terminated, this Agreement shall remain in effect until the work and services are <br />completed and accepted by the Principal Representative. <br /> <br />ARTICLE 5. CONTINGENT FEE PROHIBITION <br /> <br />In accordance with Section 24-30-1404(4), C.RS., the Consultant warrants that he has not employed <br />or retained any company or person other than a bona fide employee working solely for hirn, to solicit or <br />secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, <br />individual or firm, other than a bona fide employee working solely for him, any fee, commission, <br />percentage, gift. or other consideration contingent upon, or resulting from the award or the making of <br />this Agreement. For breach or vioiation of this warranty, the State shall have the right to terminate this <br />Agreement without liability and, at its discretion, to deduct from the Agreernent price. or otherwise <br />recover the full amount of such fee, commission, percentage, or consideration. <br /> <br />ARTICLE 6. TERMINATION OF AGREEMENT <br /> <br />Any breach of the terms and conditions of the Agreement by the Consultant shall, unless waived by <br />the Principal Representative in writing, constitute a default by the Consultant hereunder and the <br />Principal Representative shall thereafter have no obligation to the Consultant, and rnay select any of <br />the remedies available to the Principal Representative under law. In the event of default by the <br />Consultant, the Agreement may be terminated upon seven (7) days written notice to the Consultant by <br />the Principal Representative with copies filed with the State Controller provided that Consultant fails to <br />cure its defauit to the Principal Representative's satisfaction during the prior 7 day period. <br /> <br />ARTICLE 7. CONSULTANT'S ACCOUNTING RECORDS <br /> <br />Records of the Consultant's Direct Personnel, Consultant, and Reimbursable Expense pertaining to <br />this Agreement and records of accounts between the Principal Representative and Consultant shall be <br />kept on a generally recognized accounting basis and shall be availabie to the Principal Representative <br />at mutually convenient times and extending to three (3) years after final payment under this <br />Agreement. <br /> <br />REV. 12/2001 <br /> <br />Page 2 of 5 Pages <br /> <br />" <br />