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<br /> <br /> <br /> <br /> <br /> which results from the services provided. Said work product shall be submitted in hard copy and <br /> produced in a form compatible with City's information systems, as agreed between the Project <br /> Manager and Consultant. <br /> <br /> In regard to all material produced as a deliverable under this Agreement, including but <br /> not limited to records, papers, drawings, specifications, programs, systems and other materials <br /> prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, <br /> contractors, and volunteer workers, that (a) other such material shall be the property of the City, <br /> and may not be copyrighted without prior review from the City, and (b) the authors of all such <br /> material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br /> acting within the scope of their official duties, as a condition of payment to the Consultant, a <br /> royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to <br /> disclose, publish, translate, reproduce, and use such materials. <br /> 4. 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 Exhibit B. The total sum to be expended under this Agreement <br /> shall not exceed $359,692.00, during the term of this Agreement. <br /> b. Invoices <br /> 1. Consultant shall submit a monthly invoice by the fifteenth of the month to the City <br /> for the services rendered in the prior month. <br /> <br /> 2. All invoices for work performed under this contract shall be submitted in a format <br /> approved by the City. Invoices shall include the following information at a <br /> minimum: <br /> i. Consultant's invoice number <br /> ii. Beginning and ending dates of services <br /> iii. City Project number and name <br /> iv. Work site address/location (if applicable) <br /> V. Deliverables, percentage complete, subtotals and total for invoice <br /> 3. Payment by City shall be made within sixty (60) days following receipt of proper <br /> invoice, subject to City accounting procedures. Payment need not be made for work <br /> which fails to meet the standards of performance of professional engineering <br /> services. <br /> <br /> 5. TERM <br /> This Agreement shall commence on the date first written above and terminate on <br /> December 31, 2014, unless terminated earlier in accordance with Section 14, below. The City <br /> shall have the option to renew this Agreement for one (1) additional one-year period, on the terms <br /> and conditions set forth herein. <br /> <br /> 6. 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, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> <br /> <br /> 20C-4 <br /> <br /> L <br />