Laserfiche WebLink
2: COMPENSATION <br />a. City: neither warrants nor guarantees any minimum or maximum compensation to <br />Consultant under this. Agreement. Consultant shall be paid only for actual services <br />performed under. this Agreement at the rates and charges identified in Exhibit E. <br />Consultant is one of thirty-five (35) Consultants selected to provide, environmental. <br />and planning services on an asmeeded basis under RFQ. No. 23-142. The total <br />compensation for services provided by all :Consultants,selected under RFQ No. .23- . <br />142 is a, collective amount not to exceed four million nine hundred fifty thousand <br />($4,950,606.00) during the term of the Agreement, including any extension periods. <br />b. Where applicable, City shall recognize and pay for any outstanding invoices for <br />work performed by any of the thirty-five (35) selected vendors for building safety <br />consultant services performed by the Consultant for work previowly.performed <br />for the City, -. <br />c." Payment by City shall; be made within forty-five (45) days following. receipt of <br />proper invoice evidencingwork pertbiined; subject to City accounting procedures. <br />Payment need not be made , for work which fails to meet the standards of. <br />performance set forth `inthe Recitals and Scope of Work, which may reasonably be. <br />expected by City. <br />3. TERM <br />This Agreement shall commence. on the date first written above for:a'five (5) year term, <br />unless terminated earlier in accordance. with Section 16, below: <br />4.. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement. be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship; a joint venture relationship, or to <br />allow the City to exercise discretion.or control over the profession al manner in which.Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. `Consultant shall pay all salaries and wages, employer's. social <br />security taxes, unemployment _insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes, <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates anon -exclusive and perpetual. license for City to copy, use, modify, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in <br />plans, specifications, :studies, drawings, estimates, and other documents or. works of authorship <br />faxed in any tangible medium of expression; including but not limited to physical drawings or data <br />magnetically or otherwise recorded on computer diskettes; which are prepared or caused to be <br />prepared by Consultant under this Agreement ("Documents & Data"). Consultant_ shall require <br />all subcontractors'to agree in- writing that City is granted a non-exclusive and perpetual <br />license for any Documents & Data the subcontractor prepares under this Agreement. Consultant <br />represents and warrants that Consultant has the legal right to license any and all Documents & <br />Page 2 of 11 <br />