RES 89514 - Laserfiche WebLink

4. Sufficiency of Consultant's Work. Consultant agrees that all maps, plans and specifications prepared for City shall be adequate and sufficient to meet the purposes for which they are performed. 5. Ownership of Work. All maps, designs, reports, work data, and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of City. 6. Term. It is recognized by both parties hereto that time is of the essence. Consultant shall begin work December 19, 1989. The work as described in Exhibit "A", Scope of Work, "Design Development Phase", shall be completed by March 22, 1990, dependent upon weather permitting and City review time. 7. Compensation. For the services to be rendered hereunder, City shall pay Consultant on a time-and-materials basis, not to exceed Twenty Five Thousand Dollars ($25,000), based on rate schedule per attached Exhibit "B". Partial payment shall be made on a monthly basis in proportion to the percentage of work completed, upon receipt of Consultant's invoice and the approval of the Public Works Director as to the percentage completion claimed. Payment shall be made within thirty (30) days of receipt of Consultant's invoice. 8. Chanqes. City may request, from time to time, changes in the scope of services to be provided by Consultant. Any change shall be mutually agreed upon between City and Consultant. 9. Consultant's Status. In the performance of the obligations set forth in this agreement, Consultant shall have the status of an independent contractor and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents, servants, and employees and are not agents, servants, or employees of City. 10. Termination. of Convenience of City. The City may terminate this agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed, based on a pro rata portion of the total fixed sum compensation described in Section 7 herein at the time the notice of termination is received. 11. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation therein without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. -2-