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4. COMPENSATION <br />In consideration for CONSULTANT's services, CITY shall pay CONSULTANT an <br />hourly rate as follows: <br />A. CONSULTANT shall receive an hourly rate of eleven dollars ($11.00) per <br />hour. <br />B. The maximum payable under this contract shall not exceed $9,000.00. <br />5. EMPLOYMENT STATUS <br />CONSULTANT shall, during the entire term of this AGREEMENT, be construed <br />to be an independent contractor and not an employee of the CITY. This <br />AGREEMENT is not intended nor shall it be construed to create an employer- <br />employee relationship, a joint venture relationship, or to allow the CITY to <br />exercise discretion or control over the professional manner in which <br />CONSULTANT performs the services, which are the subject matter of the <br />AGREEMENT; provided always, however, that the services to be provided by <br />CONSULTANT shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. <br />6. NON -ASSIGNMENT OF AGREEMENT <br />Inasmuch as this AGREEMENT is intended to secure the specialized services of <br />the CONSULTANT, CONSULTANT may not assign, transfer, delegate, or sublet <br />any interest therein without the prior written consent of the CITY and any such <br />assignment, transfer, delegation or sublease without the CITY's prior written <br />consent shall be considered null and void. <br />Nothing in this AGREEMENT shall be construed to limit the CITY's ability to have <br />any of the services, which are the subject of this AGREEMENT performed by <br />CITY personnel or by other consultants retained by the CITY. <br />7. CONFLICT OF INTEREST CLAUSE <br />CONSULTANT covenants that it presently has no interests and shall not have <br />interests, direct or indirect, which would conflict in any manner with performance <br />of services specified under this contract. <br />8. INDEMNIFICATION <br />A. The CITY shall indemnify, defend and hold harmless the CONSULTANT <br />from any claim, demand, liability, judgment or expense arising out of the <br />CITY's good faith performance pursuant to this contract; provided, <br />however, that the CITY shall not be obligated to indemnify and hold <br />harmless the CONSULTANT to the extent that such claim, demand, <br />liability, judgment or expense results from CONSULTANT's negligence. <br />B. The CONSULTANT shall indemnify, defend and hold harmless the CITY <br />from any claim, demand, liability, judgment or expense arising out of the <br />Page 3 of 5 <br />