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B. Taxes. RUSHWORKS will not include Federal taxes or State of Texas limited sales excise <br />and use taxes in its invoices or vouchers and statement of costs. The CITY is exempt from payment <br />of such taxes and the Contractor may retrieve a resale certificate for use on this Project from the <br />State of Texas Comptroller's website. <br />C. Method of Payment The CITY will pay 50% of the total amount due to RUS1 WORKS upon <br />the execution of this Agreement. RUSHWORKS will not order materials or commence any other <br />work until it has received a Purchase Order from the City. The City will pay the remaining balance <br />due upon acceptance of the Services as evidenced in the test plan negotiated during the project <br />kickoff and as described and defined in Section 1 of this Agreement along with receipt of affidavits <br />of all bills paid from RUSHWORKS. All payment obligations referenced herein are subject to the <br />CITY's receipt of a proper invoice therefor. The CITY will have thirty (30) calendar days to pay <br />RUSHWORKS from the date of receipt and acceptance of proper invoices. All invoices will <br />identify with specificity the work or services performed and the date(s) of such work or services. <br />In the event of a disputed or contested invoice, the parties understand and agree that the CITY may <br />withhold the portion so contested, but the undisputed portion will be paid. Interest will not accrue <br />on those portions withheld pursuant to this section or Section 9 of this Agreement. <br />D. Funding Out The Contractor understands that funds for the payment for work performed by <br />the Contractor under this Agreement have been provided through the CITY's budget approved by <br />CITY Council for the current fiscal year only. State statutes prohibit the obligation and <br />expenditure of public funds beyond the fiscal year for which a budget has been approved. The <br />CITY cannot guarantee the availability of funds, and enters into this Agreement only to the extent <br />such funds are made available. The Contractor acknowledges and agrees that it will have no <br />recourse against the CITY for its failure to appropriate funds for the purposes of this Agreement <br />in any fiscal year other than the year in which this Agreement was executed. The fiscal year for <br />the CITY extends from October 1st of each calendar year to September 30th of the following <br />calendar year. <br />3. Independent Contractor RUSHWORKS is considered to be an independent contractor of <br />the CITY at all times in the performance of the services described in Section 1. RUSHWORKS <br />further agrees that neither it nor its employees are entitled to any benefits from the CITY, or to <br />any of the benefits granted to employees of the CITY. <br />4. Personnel. <br />A. RUSHWORKS represents that it has, or will secure at its own expense, all personnel <br />required to perform the Services required under this Agreement. Such personnel will not be <br />employees of or have any contractual relationships with the CITY. <br />B. All the Services required hereunder will be performed by RUSHWORKS or under its <br />supervision and all personnel engaged in the work will be fully qualified and will be authorized <br />or permitted under state and local law to perform such Services. <br />4 <br />RUSHWORKSI City of San Marcos Systems Upgrade, Installation and Integration Agreement <br />