MGT OF AMERCIA, INC. 1 - 2010 - Laserfiche WebLink

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which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with Ci y's information systems, as agreed between the Project Manager and Consultant. In regard to all material produced as a deliverable under this Agreement, including but not limited to records, papers, drawings, specifications, programs, systems and other materials prepared by Consultant, Consultant ag ees, for itself and its affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material shall be the property of the City, and may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a a fixed of $25,000.00. Said fee shall b charged by Consultant upon achieving milestones and providing the required deliverables, as follows: • 20% after initial department m etings/interviews are conducted • 50% upon receipt and review o first draft of the full cost allocation plan with Finance staff • 301/6 upon receipt and approval of final full cost and OMB A-87 cost allocation plans b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, s bject to City accounting procedures. Payment need not be made for work which fails to meet t e standards of performance set forth in the Recitals which may reasonably be expected by ity. 5. TERM This Agreement shall commence on the date first written above and terminate on City acceptance of the final Cost Allocation Plan, unless terminated earlier in accordance with Section 14, below. 6. INDEPENDENT CONTRA OM Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee ofthe City. This Agreement is not intended nor shall it be construed to create an empl yer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter ofthis Agreement; however, the services to be provided by Consultant hall be provided in a manner consistent with all applicable standards and regulations g venting such services. Consultant shall pay all salaries and 2