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FULL PACKET_2013-01-22
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FULL PACKET_2013-01-22
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1/22/2013 11:38:36 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
1/22/2013
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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 />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 />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 />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 />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 />INDEPENDENT CONTRACTOR <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 />20C-4
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