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c. During Phase Three, Consultant shall provide on-going <br />support services on an as needed basis and the annual maintenance <br />of the MFS Software. Consultant shall make its staff of <br />consultants available to City on an as needed basis. These <br />services do not include services provided under an Annual <br />Maintenance Agreement, if applicable, or services rendered in <br />accordance with the warranty provisions included within the <br />software Licensing Agreement (See Attachment A). <br /> <br /> 2. Pro~ect Manager. Project Manager for Consultant shall be <br />Harry Clark. Consultant shall not replace Harry Clark without <br />prior approval of the City. <br /> <br /> 3. Ownership of Work. Except for the computer system <br />programming software and users documentation, all documents <br />completed or partially completed by consultant in the performance <br />of this Agreement shall become the property of the City. <br /> <br /> 4. Compensation. For the services provided herein, City <br />hall pay Consultant as follows: <br /> <br /> Phase One services shall be on an hourly basis for an <br />approximate amount of $1,050.00. The Phase Two and Three system <br />and consulting costs, including expenses, are specified in the <br />software Licensing Agreement (See Attachment A)~ and shall not <br />exceed $15,005 ($16,055 less the Phase One services of $1,050). <br />consultants current rates and fees are specified in the Scope of <br />Work. City shall also reimburse consultant for customary out of <br />pocket expenses up to an amount not to exceed $1,500. <br /> <br /> 5. Payment. Payment for the services rendered pursuant to <br />Phase One of this Agreement (the "Review") shall be made within <br />thirty (30) days of the submittal of the Final Draft Summary <br />Letter. <br /> <br /> One-half of the Software lease payment, including all of the <br />Annual Maintenance Fee, if any, shall be made within thirty (30) <br />days after installation of the system. The final half of the <br />Software lease payment shall be made within thirty (30) days after <br />the testing of the system has been completed. <br /> <br /> -2- <br /> <br /> <br />