Laserfiche WebLink
WARRANTY OF RIGHTS. <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 />4. COMPENSATION <br />a. City agrees to pay, and Contractor agrees to accept $3,5000 as total payment for the <br />production of the Water Quality Report. Additional media relations services will be charged at <br />$ 165 per hour (using 15 minute increments) for professional services, and $75 per hour for <br />administrative services. The total sum to be expended under this Agreement shall not exceed <br />$10,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice, subject to City accounting procedures. City will be invoiced for the water quality report <br />upon delivery of the final Report ready for printing. City will be invoiced for media relations <br />services on a monthly basis. Payment need not be made for work which fails to meet the <br />standards of performance set forth in the Recitals which may reasonably be expected by City. <br />5. TERM <br />This Agreement shall commence on the date first written above and terminate on 3une 30, <br />2012, 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 />INDEPENDENT CONTRACTOR <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 applicable <br />standards and regulations governing such services. Contractor shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />7. INSURANCE <br />In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if <br />Contractor has any employees, is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to con?ii?encing the performance of the work <br />under this Agreement, Contractor agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident.