07-23-2018 Council Packet - Laserfiche WebLink

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the extent practicable and will notify the CLIENT in advance of material variances that will increase the cost of the scope of work. Client understands and agrees to make payment in full to the contract in accordance with this agreement. Client may be entitled to reimbursement through other sources. Delay in the project or in the reimbursement process will not excuse CLIENT from payment in accordance with the terms of this agreement, unless otherwise agreed to in writing by the Consultant. All services are to be provided per the following HOURLY RATE SCHEDULE within the scope of this agreement. III. Invoices and Payments CLIENT agrees to pay a retainer fee if required in quote. This retainer will be held by the Consultant and credited to the Client's account. The monies from the retainer will be applied to the last invoice that is tendered to the client by the Consultant. Fees for services for the project will be billed on a monthly basis and paid by the client per this agreement. Any excess of funds from retainer will be returned to the client after deducting all fees, materials and other charges due from the Client. Any excess funds in the retainer will be returned within 30 days from the completion of the project. The retainer is not an interest bearing account and therefore no interest will be paid on it. A statement will be sent monthly for the portion of the services completed to the date of the statement. Full payment is required by the 15th of the month unless prior written arrangements have been made. Failure to timely pay the balance in full by the end of the month shall result in a finance charge of 1.5% per month or an annual interest percentage of approximately 18% applied against the remaining balance. If client does not timely pay account, client agrees to pay consultant for any and all court costs, legal expenses and attorney fees incurred for collection whether or not a lawsuit has been filed. By executing this agreement, the Client hereby agrees to the terms of payment; and if payment is not made on a timely basis, Client agrees to pay all costs of collection. Consultant may, after giving written notice, suspend services without liability until Client has paid in full all amounts due for services rendered and expenses incurred, including interest on past due amounts. In the event Client fails to pay Consultant within sixty (60) days following the invoice date, Consultant may consider the default a total breach of the Agreement, and may, at its option, terminate all of its duties without liability to Client or others. Consultant's suspension or termination of services due to Client's failure to pay in a timely manner, shall not waive Consultant's right to pursue collection of amount owed. You are notified that: The Consultant and any person or company supplying labor or materials for any improvement to the Client's property may file a lien against the Client's property if that person or company is not paid for their contributions. Under Minnesota law, the client has the right to pay persons and/or sub -consultants who supplied labor or materials for improvement(s) directly and deduct this amount from the Consultants contract price. IV. Tax and Fees on Services Page 2 of 6