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TASER <br />P R O T E C T L I F E <br />schedule negotiated with the City. In the event of interruption of any delivery due to causes <br />beyond TASER's reasonable control TASER has the right to delay or terminate the delivery <br />with reasonable notice. No charge will be made by TASER for any hindrance or delay from <br />any cause whatever during the progress of any portion of its performance contemplated by <br />the terms of this Agreement, but the City may grant an extension of time for the completion <br />of any Services or delivery of Product, provided that the City is satisfied that such delays or <br />hindrances were due to extraordinary causes or to the acts of omission or commission by the <br />City. It is agreed that the granting of such extensions of time will in no instance exceed the <br />time actually lost by TASER for reason of such causes, provided that TASER will give the City <br />immediate notice in writing of the cause of the detention or delay. Any such extension of <br />time will be provided utilizing the City's Authorization of Change in Services form included as <br />Attachment G. <br />14 Compensation: For the satisfactory provision of all Products and Services as specified in the <br />Cost Proposal and TASER's Quote (Attachment F) the City will pay TASER the total amount of <br />$1,162,862.77 This amount constitutes the full and complete compensation for TASER'S <br />Products and Services under this Agreement, including support/maintenance for the duration <br />of the Agreement and all expenditures made and expenses incurred by TASER associated with <br />the provision of, installation and training required under this Agreement. No changes will be <br />made and no bills for changes, alterations, modifications, deviations, and extra orders will be <br />recognized or paid for except upon a written Authorization of Change in Services signed by <br />the CITY and TASER prior to beginning the work or services covered by the proposed change. <br />In no event will this Agreement be increased by more than $50,000.00 without the approval <br />of the San Marcos CITY Council. <br />14.1 Method of Payment_ Upon acceptance and in accordance with Attachment F The <br />City will pay TASER as follows: <br />Year One $350,206.77 (This entire amount will be paid to TASER <br />(includes est. shipping upon approval and execution of this Agreement. <br />and handling costs) However, in the event that the TASER Products and <br />Services fail to meet acceptance, TASER will refund a <br />prorated amount back to the City for the first year. <br />Acceptance for the payment of this amount includes <br />delivery, installation, and testing all of which will be <br />evidenced by a TASER sign -off document.) <br />Year Two -- $203,164.00 (Paid annually on the first anniversary date as established <br />in Year One) <br />Year Three $203,164.00 (Paid annually on the first anniversary date as established <br />in Year One) <br />Year Four $203,164.00 (Paid annually on the first anniversary date as established <br />in Year One) <br />Year Five (Final) $203,164.00 (Paid annually on the first anniversary date as established <br />in Year One) <br />14.2 Payment Terms. Invoices are due to be paid within 30 days of the date of invoice. <br />Payment obligations are non - cancelable and fees paid are non - refundable and all amounts <br />payable will be made without setoff, deduction, or withholding. If a delinquent account is <br />sent to collections, the Agency is responsible for all collection and attorneys' fees. <br />14.3 Taxes. TASER will not include Federal taxes or State of Texas limited sales excise and <br />use taxes in its invoices or vouchers and statement of costs. The City is exempt from payment <br />Title: Evidence.com Master Service Agreement with Exhibits Page 8 of 27 <br />Department: Legal <br />Version: 11.0 <br />Release Date: 7/31/2015 <br />