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below,the product is provided as is. The warranty period for time and materials, <br /> implementation, installation and/or professional services deliverables will be thirty(30) <br /> days from the date on which Contractor informs City that the work is functionally complete. <br /> If City purchased full service Smart Net Maintenance Service at the time of the original <br /> sale,then labor will be provided at no extra charge during the contract period,otherwise <br /> Contractor then current labor charges will apply. <br /> 1.7 City's Responsibility. City is responsible for the manner in which it uses the products <br /> and services provided pursuant to this Agreement, including the maintenance and security <br /> of City facilities; choice of equipment;software; related services;and all other matters <br /> related to how City uses such products and services. In the event that the products <br /> contain manufacturer's software, City shall not resell the software or provide access to the <br /> software either directly or indirectly to third parties unless authorized to do so in an order <br /> from Contractor. City will provide Contractor with all necessary access to the equipment <br /> and facilities subject to City's normal security policies and pursuant to this Agreement. <br /> City will allow Contractor technicians to conduct a comprehensive operation and <br /> performance evaluation of any equipment provided,installed,serviced,or maintained by a <br /> vendor other than Contractor. During evaluation, City will make all equipment and services <br /> intended for use with the products and services available to Contractor technicians, <br /> including computers,auxiliary audio and video sources,and all network and <br /> telecommunications services(ex: LAN, IP and ISDN). <br /> Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to exceed <br /> $145,000.00, notwithstanding any contrary indications that may be contained in Contractor's proposal, for <br /> services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict <br /> between this Agreement and Contractor's proposal, attached as Exhibit B. regarding the amount of <br /> compensation,the Agreement shall prevail. City shall pay Contractor for services rendered pursuant to this <br /> Agreement at the time and in the manner set forth herein. The payments specified below shall be the only <br /> payments from City to Contractor for services rendered pursuant to this Agreement. Contractor shall <br /> submit all invoices to City in the manner specified herein. Except as specifically authorized by City in <br /> writing, Contractor shall not bill City for duplicate services performed by more than one person. <br /> Contractor and City acknowledge and agree that compensation paid by City to Contractor under this <br /> Agreement is based upon Contractor's estimated costs of providing the services required hereunder, <br /> including salaries and benefits of employees and subcontractors of Contractor. Consequently,the Parties <br /> further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br /> and/or annuities to which Contractor and its employees,agents,and subcontractors may be eligible. City <br /> therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br /> 2.1 Invoices. City agrees to pay an amount equal to fifty percent(50%)of the total charge for <br /> product, and fifty percent(50%)of total charge for services upon execution of this <br /> Agreement. The remaining balance of product charges,shipping,plus applicable taxes, is <br /> due upon delivery of the product pursuant to this Agreement. The remaining balance of <br /> Non-Professional Services Agreement between City of San Leandro and Strategic Products and Services, <br /> LLC for Network Upgrade <br /> Page 2 of 15 <br />