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2. CO'\1PENSATION 3. City agrees to pay, and Consultant agrees to accept as total payment for its services, [he a lump sum fee of$1500.00. This fee includes staff time to prepare for and attend up to [hree (3) meetings in Santa Ana. The fee does not include eXpl;::llSeS for blueprints, color imagery and olher normal reproduction charges, or mileage, which arc estimated at $500 for the project. The total sum to he expended under this Agreement, including additional requtlsled services. shall not exceed $10,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which [ails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TER'\1 This Agreement shall commence OIl the date first written above and terminate on June 30, 2007, unless teffilinatcd earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. WORK FOR HIRE Consultant acknowledges that the Work is a "Work for Hire" as that term is used in the federal Copyright Act. Consultant authorizes City, in its sole discretion, to make any editorial changes, additions, deletions, abridgment and condensation whatsoever to the Work, and is further authorized to title, sub-title and change the title of the Work, and to couple the Work with any ancillary work (including, but not limited to, other writing, images, sounds, video, and animations). Such authorization shall extend to all subsequent uses afthe rights owned by the City pursuant to this Agreement. City reserves the rightto omit any part or all of the Work submitted by Consultant. City grants back to Consultant a non-exclusive but perpetual license to reprint the Work and to create derivative works based on the Work. Consultant warrants and represents that the Work is original and has not before been publIShed; that it is the sole owner or [he Work and has full power, free of any prior contract, lien or rights of any nature in anyone which might interfere therewith, to enter into this Agreement and to grant the rights hereby cunvt::yed to City; that the Work contains no matter which is Iihelous or otherwise unlawful, infringes no right of privacy, proprietary right or copynght (\vhether statutory or common law); that it has not hereto[ort:: and will not hereafter enter into any agreement or understanding with any person, firm or corporation other than City for the rights in the Work granted hereunder. 2