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3. DELIVERY OF WORK PRODUCT - OWNERSHIP <br />Consultant warrants and represents that it has the absolute right to enter into and <br />perform this Agreement and will perform its obligations hereunder in accordance with <br />standards and practices prevailing in the industry. Consultant's contribution to the <br />Project, including works to be produced by Consultant hereunder, will not infringe or <br />misappropriate the proprietary or personal rights of any third person or patty. Consultant <br />shall deliver to City any work product which results from the services provided. Said <br />work product shall be submitted in hard copy and produced in a form compatible with <br />City's information systems, as agreed between the Project Manager and Consultant. <br />4. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Consultant's Fee Schedule, attached hereto <br />and incorporated herein as Exhibit B. The total sum to be expended under this <br />Agreement shall not exceed $25,000.00 during the term of this Agreement. <br />b. Invoices. Consultant shall submit a monthly invoice by the fifteenth of the <br />month to the City for the services rendered in the prior month. All invoices for work <br />performed under this contract shall be submitted in a format approved by the City. <br />Invoices shall include the following information at a minimum: <br />i. Consultant's invoice number <br />ii. Beginning and ending dates of services <br />iii. City project number and /or name (if applicable) <br />iv. Work site address /location (if applicable) <br />V. Unit cost, subtotals and total for invoice <br />c. Payment by City shall be made within forty -five (45) days following receipt <br />of proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance of <br />aprofessional environmental consultant. <br />5. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2017, unless terminated earlier in accordance with Section 14, below. The <br />tern of this Agreement may be extended by a writing executed by the Executive Director <br />of Community Development Agency and the City Attorney. <br />6. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire tern of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer- employee relationship, a joint venture <br />