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Consultant warrants and represents that it has the absolute right to enter into and perform
<br />this Agreement and will perform its obligations hereunder in accordance with standards and
<br />practices prevailing in the industry, Consultant's contribution to the Study, including works to
<br />be produced by Consultant hercunder,• will not infringe or misappropriate the proprietary or
<br />personal rights of any third person or party. Consultant shall deliver to City any work product
<br />which results from the services provided. Said work product shall be submitted in hard copy
<br />and produced in a form compatible with City's information systems, as agreed between the
<br />Project Manager and Consultant.
<br />In regard to all material prodlUqd, as a deliverable under this Agreement, including but
<br />not limited to records, papers, dmwmg,s, specifications, programs, systems and other materials
<br />prepared by Consultant, Consultant agrees, for itself and its affected officers, employees,
<br />agents, contractors, and volunteer workers, that (a) other such material shall be the property of
<br />the City, mid may not be copyrighted without Prior review from the City, and (b) the authors of
<br />all such material, whether copyrighted Or not, award to the City, and to its officers, agents and
<br />employees acting within the scope of their official duties, as a condition of payment to the
<br />Consultant, a royalty-free, nonexcluqive, irrevocable license throughout the world for
<br />governmental purposes to disclose, publish, translate, reproduce, and we such materials,
<br />4. COMPENSATION
<br />A. City agrees to pay, and Consultant agrees to accept as total payment for its services,
<br />the sum of $1,106,60,
<br />B. Payment by City shall be made within thirty (30) days following receipt of proper
<br />invoice evidencing work performed, subject to City accounting procedures, payment need
<br />not be made for work which fails to meet the standards of performance set torth in the Recitals
<br />which, may reasonably be expected by City.
<br />This Agreement shall commence on the date set forth above and terminate on June 30,
<br />2015, unless tenuinated earlier in accordance with Section 15, below, In order that there is
<br />no interruption of services this Agreement shall encompass all services provided by
<br />Consultant to City invoiced as of Apri1�2014,
<br />6. INDEPENDENT
<br />Consultant shall, during the er
<br />independent contractor and not an emp,
<br />shall it be construed to create an emplc
<br />or to allow the City to exercise discre
<br />Consultant performs the services which
<br />services to be provided by Consultarn
<br />applicable standards and regulations go
<br />and wages, employers social security tax
<br />employees and shall be responsible for all
<br />re term of this Agreement, be construed to be an
<br />yee of the City. This Agreement is not intended nor
<br />er-employee relationship, a joint venture relationship,
<br />in or control over the professional manner in which
<br />re the subject matter of this Agreements however, the
<br />shall be provided in a manner consistent with all
<br />,ming such services. Consultant shall pay all salaries
<br />unemployment insurance and similar taxes relating to
<br />P licablewitliholding taxes,
<br />
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