Laserfiche WebLink
<br />by the City pursuant to this Agreement. City reserves the right to omit any part or all of the <br />Work submitted by Contractor. <br /> <br />3. WARRANTY OF RIGHTS. <br /> <br />Contractor warrants and represents that the Work is original and has not been published <br />or altered; that he or she is the sole Creator of the Work and has full power, free of any prior <br />contract, lien or rights of any nature in anyone which might interfere therewith, to enter into this <br />Agreement and to grant the rights hereby conveyed to the City; that the Work contains no matter <br />which is libelous or otherwise unlawful, infringes no right of privacy, proprietary right or <br />copyright (whether statutory or common law); that he or she has not heretofore and will not <br />hereafter enter into any agreement or understanding with any person, firm or corporations other <br />than City for the rights in the Work granted hereunder. <br /> <br />4. COMPENSATION <br /> <br />a. City agrees to pay, and Contractor agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $15,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice, subject to City accounting procedures. Payment need not be made for work which fails <br />to meet the standards of performance set forth in the Recitals which may reasonably be expected <br />by City. <br /> <br />5. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2010, unless terminated earlier in accordance with Section 14, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />and the City Attorney. <br /> <br />6. INDEPENDENT CONTRACTOR <br /> <br />Contractor 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 <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br /> <br />2 <br />