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In regard to all material produced as a deliverable under this Agreement, including but not
<br />limited to records, papers, drawings, specifications, programs, systems and other materials prepared by
<br />Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
<br />volunteer workers, that (a) other such material shall be the property of the City, and may not be
<br />copyrighted without prior review from the City, and (b) the authors of all such material, whether
<br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope
<br />of their official duties, as a condition of payment to the Consultant, a royalty -free, nonexclusive,
<br />irrevocable license throughout the world for governmental purposes to disclose, publish, translate,
<br />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, a sum
<br />not to exceed $15,600 ($14,800 for Actuarial Valuation Report plus $800 for one optional in- person
<br />meeting) during the term of this Agreement.
<br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
<br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work
<br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be
<br />expected by City.
<br />5. TERM
<br />This Agreement shall commence on the date first written above and terminate on June 2, 2015,
<br />The Term of this Agreement may be extended for two (2) additional one -year terms on the same terms
<br />and conditions by a writing executed by the City Manager and the City Attorney.
<br />6. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an independent
<br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
<br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Consultant performs the services which are
<br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be
<br />provided in a manner consistent with all applicable standards and regulations governing such services.
<br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and
<br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
<br />7. INSURANCE
<br />Consultant shall obtain and maintain for the entire term of this Agreement comprehensive general
<br />liability insurance, with companies acceptable to the City, authorized to issue such insurance in the State
<br />of California. Said insurance shall consist of the following:
<br />a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self - insurance. Prior to coinmencing the performance of the
<br />work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance
<br />with limits not less than $1,000,000 per accident.
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