|
3. DELIVERY OF WORK PRODUCT
<br />Consultant shall deliver to City all work product which results from the services
<br />provided. Said work product shall be submitted in a hard copy and produced in a form
<br />compatible with the City's computer system, as agreed between the City's designated Project
<br />Manager and Consultant.
<br />In regard to material produced as a deliverable under the Agreement, including but not
<br />limited to books, reports, plans, photographs, drawings, videotapes, and computer programs,
<br />Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
<br />volunteer workers, that the authors of all such material, whether copyrighted or not, award to the
<br />City, and to its officers, agents and employees acting within the scope of their official duties, as a
<br />condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license
<br />throughout the world to disclose, publish, translate, reproduce, and use such materials.
<br />4. COMPENSATION
<br />a, City agrees to pay, and Consultant agrees to accept as payment for its services, the
<br />rates and charges identified in Consultant's Fee Proposal dated July 16, 2014, attached hereto
<br />and incorporated herein as Exhibit C. The total sum to be expended hereunder as the base price
<br />is One Hundred Ninety Five Thousand Nine Hundred Dollars ($195,900) during the Term of this
<br />Agreement.
<br />b. There shall be a contingency of ten percent (10 %) over the base price for unanticipated
<br />expenditures for a total not to exceed amount of Two Hundred Fifteen Thousand Five Ilundred
<br />Dollars ($215,500). Consultant shall provide clear documentation evidencing the need for any
<br />contingency costs, subject to prior approval by the Executive Director of Public Works.
<br />c. Payment by City shall be made within thirty (30) days following receipt of proper
<br />invoice evidencing work performed, subject to City accounting procedures. Payment need not
<br />be made for work which fails to meet the standards of performance set forth in the Recitals
<br />which may reasonably be expected by City.
<br />5. TERM
<br />This Agreement shall commence on September 16; 2014 and terminate on September 30,
<br />2015, unless terminated earlier in accordance with Section 14, below. The Term of this
<br />Agreement may extended, on the same terms and conditions set forth herein, by a writing
<br />executed by the City Manager and the City Attorney
<br />6. 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
<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 />Consultant performs the services which are the subject matter of this Agreement, however, the
<br />services to be provided by Consultant shall be provided in a planner consistent with all
<br />applicable standards and regulations governing such services. Consultant 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 />
|