Resolution 2007-09 - Laserfiche WebLink

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IV. ADDITIONAL SERVICES When authorized in writing by the City, the Lobbyist agrees to furnish or obtain from others, additional professional services in comlection with the Project due to changes in the scope of the Project or its design, subject to mutual written agreement as to additional compensation for additional services. V. LOBBYIST'S FEE As compensation for the Services described in this Agreement, the Lobbyist shall be paid a fee of $90,000 to be paid in twelve equal monthly installments, with the first installment to be paid for the period of Services from February 15, 2007 to March 15, 2007. Such payment shall constitute full and complete payment for said Services and all expenditures which may be made and expenses which may be incurred, except as otherwise expressly provided in this Agreement. The Lobbyist shall present a monthly invoice, and the City shall pay monthly installments within thirty (30) days of receipt of invoice therefore unless the work or documentation therefore does not comply with this Agreement. Payments made more than thirty (30) days after the due date may be assessed an interest charge of one percent (1 %) per month unless the delay in payment resulted from unsatisfactory work or documentation therefor. VI. LOBBYIST'S EXPENSES Lobbyist will be reimbursed actual costs for long distance phone calls and courier services (which costs shall be pro-rated if incurred in conjunction with other Lobbyist clients). Lobbyist shall be reimbursed for copies and faxes at rates approved by the City Manager. Additionally, it is understood that in the course of performing its Services under this Agreement the Lobbyist may incur certain extraordinary expenses that go beyond those normal expenses that are either reimbursed as set forth in this Section VI or within the Lobbyist's fee in Section IV of this Agreement. These expenses include such things as travel. These expenses will be billed at costs and on a pro-rated basis if incurred in conjunction with other Lobbyist clients and only when prior approval is granted by the City. These expenses shall not exceed $5,000 during the term of this Agreement. The City shall not be obligated to pay any expenses exceeding $5,000, unless the Lobbyist receives pre-approval from the City to exceed $5,000. The parties agree that no commissions, fees, expenses or other amounts paid to the Lobbyist in connection with this Agreement shall be paid from any Federal or State appropriated funds. VII. LOBBYIST'S DUTIES A. Abilities, Qualifications, Experience, and Best Efforts. Notwithstanding anything to the contrary contained in this Agreement, the City and the Lobbyist agree and acknowledge that the City enters into this Agreement relying on the special and unique abilities to accomplish the Project of the persons named in page 3 of Appendix A, attached hereto and made a part hereof. The Lobbyist accepts the relationship of trust and confidence established between it and the City by this Agreement. The Lobbyist agrl~es that if any person named in page 3 of Appendix A must be replaced, the replacement shall possess at least equivalent qualifications and experience and shall be subject to reasonable approval by the City. The Lobbyist covenants with the City to use its best efforts. The Lobbyist shall further the interests of the City and the US 36 MMC according tq the City's direction, requirements and procedures, according to the highest professional standards, and in compliance with all applicable national, federal, state and municipal laws, regulations, codes, ordinanc.It~, orders and Wth those of any other body having jurisdiction, including but not limited to federal laws and Colorado statutes and constitutional provisions regulating the conduct of lobbyists. 2