|
<br />scope of their official duties, as a condition of payment to the Consultant, a royalty-free,
<br />nonexclusive, irrevocable license throughout the world for governmental purposes to disclose,
<br />publish, translate, reproduce, and use such materials,
<br />
<br />2. COMPENSATION
<br />
<br />a, City agrees to pay, and Consultant agrees to accept as total payment for its services,
<br />the rates and charges identified in Exhibits A-I and A-2, The total sum to be expended under
<br />this Agreement shall not exceed $10,000,00 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 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 />
<br />3. TERM
<br />
<br />This Agreement shall commence on April 22, 2004 and terminate on June 30, 2006,
<br />unless terminated earlier in accordance with Section 12, below, The term of this Agreement may
<br />be extended upon a writing executed by the Executive Director of Parks, Recreation and
<br />Community Services and the City Attorney,
<br />
<br />4. INDEPENDENT CONTRACTOR
<br />
<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, ajoint 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 manner 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 />
<br />5. INSURANCE
<br />
<br />Prior to undertaking performance of work under this Agreement, Consultant shall
<br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
<br />described below
<br />a, Commercial General Liability Insurance, Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection against
<br />claims arising from bodily and personal injury, including death resulting therefrom and damage
<br />to property, resulting from any act or occurrence arising out of Consultant's operations in the
<br />performance ofthis Agreement, including, without limitation, acts involving vehicles, The
<br />amounts of insurance shall be not less than the following: single limit coverage applying to
<br />
<br />2
<br />
|