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3. DELIVERY OF WORD PRODUCT
<br />Consultant shall deliver to City all work products which result from the services
<br />provided. Said work product shall be submitted in a form compatible with the City's computer
<br />system, as agreed between the City's designated Project Manager and Consultant.
<br />In regard to material produced as a deliverable under the Agreement, including but not
<br />limited to books, reports, plans, photographs, drawings, videotapes, and computer programs,
<br />Consultant agrees, for itself and its affected officers, employees, agents, contractors, and
<br />volunteer workers, that the authors of all such material, whether copyrighted or not, award to the
<br />City, and to its officers, agents and employees acting within the scope of their official duties, as a
<br />condition of payment to the Consultant, a royalty -free, nonexclusive, irrevocable license
<br />throughout the world to disclose, publish, translate, reproduce, and use such materials.
<br />4. COMPENSATION
<br />a. City agrees to pay, and Consultant agrees to accept as payment for its services, the
<br />rates and charges identified in Consultant's Fee Proposal dated June 2, 2015, attached,
<br />hereto and incorporated herein as Exhibit C. The total sum to be expended hereunder
<br />shall not exceed twenty -six thousand nine hundred dollars ($26,900) during the Term of
<br />this Agreement.
<br />b. There shall be a contingency of ten percent (10 %) over the base price for unanticipated
<br />expenditures for a total not to exceed amount of twenty -nine thousand five hundred
<br />ninety dollars ($29,590). Consultant shall provide clear documentation evidencing the
<br />need for any contingency costs, subject to prior approval by the Executive Director of
<br />Public Works.
<br />c. 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
<br />need not be made for work which fails to meet the standards of performance set forth in
<br />the Recitals which may reasonably be expected by City.
<br />5. TERM
<br />This Agreement shall commence on June 17, 2015, and terminate on June 16, 2017,
<br />unless terminated earlier in accordance with Section 14, below. The Term of this Agreement
<br />may be extended, on the same terms and conditions set forth herein, by a writing executed by the
<br />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
<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- employce relationship, a joint venture relationship, or
<br />to allow the City to exercise discretion or control over the professional manner in which
<br />Consultant performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Consultant shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services. Consultant shall pay all salaries and
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