LA ROSA, JOSEPH R. JR. 11 - 2012

Home Browse Search

2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in the form agreed between the Project Manager and Consultant. Said work product shall become the property of the City; however, Consultant may retain, for its files, copies of any and all materials, including drawings, documents and specifications, produced by the Consultant in the performance of this Agreement_ 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly rate of $50.00 per hour. The total sum to be expended under this Agreement shall not exceed Eighteen Thousand dollars ($18,000.00), annually, during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of detailed invoice for services performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. This Agreement shall commence on the date first set forth above and terminate on September 30, 2013, unless terminated earlier in accordance with Section 13, below. In order to provide continuous services, those services provided by Consultant from October 1, 2012 until the commencement date, shall be included within the Scope of Services of this Agreement. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-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 of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PERS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov_ Code §21220 (c), relating to a public employer's obligations.