C153869 Contract - Laserfiche WebLink

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. I . . . . . ARTICLE 2. COMPENSATION In consideration for the performance of the said work and services, Principal Representative agrees to pay to Consultant fees and charges not to exceed one hundred thousand dollars and zero cents ($ 100,000.00). The total fees and expenses shall be payable upon completion of the work and services and acceptance by the Principal Representative. Payment shall be made up to ninety (90) percent of the amount invoiced by the Consultant. Ten (10) percent of each invoiced amount will be retained by the Principal Representative and provided to the Contractor within thirty (30) days of the completion of the Project. ARTICLE 3. CONSULTANT CERTIFICATION In accordance with Section 24-30-1404(1), C.R.S., the Consultant has executed a certificate, which is attached hereto and made a part hereof by reference as Exhibit C, stating that wage rates (Exhibit B), and other factual unit costs supporting the compensation paid by the State for these professional services are accurate, complete, and current. The original Agreement price and any additions thereto shall be adjusted to exciude any significant sums by which the State determines the Agreement price has been increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. ARTICLE 4. AGREEMENT EXPIRATION Unless sooner terminated, this Agreement shall remain in effect until the work and services are completed and accepted by the Principal Representative. ARTICLE 5. CONTINGENT FEE PROHIBITION In accordance with Section 24-30-1404(4), C.R.S., the Consultant warrants that he has not employed or retained any company or person other than a bona fide employee working solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for him, any fee, commission, percentage, gift, or other consideration contingent upon, or resulting from the award or the making of this Agreement. For breach or violation of this warranty, the State shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the Agreement price, or otherwise recover the full amount of such fee, commission, percentage, or consideration. ARTICLE 6. TERMINATION OF AGREEMENT Any breach of the terms and conditions of the Agreement by the Consultant shall, unless waived by the Principal Representative in writing, constitute a default by the Consultant hereunder and the Principal Representative shall thereafter have no obligation to the Consultant, and may select any of the remedies available to the Principal Representative under law. In the event of default by the Consultant, the Agreement may be terminated upon seven (7) days written notice to the Consultant by the Principal Representative with copies filed with the State Controller. 2 of 7