RES 88232 - Laserfiche WebLink

5. Ownership of Work. All maps, designs, reports, work data, and all other documents completed or partially completed by Consultant in 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 upon approval of City Council. The work shall be completed pursuant to the time schedule in Exhibit "B", attached hereto and incorporated herein by this reference. 7. Compensation. For the services to be rendered hereunder, City shall pay Consultant on a time-and-materials basis, based on the rate schedule per the attached Exhibit "C". 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. Work completed by Consultant shall be invoiced within forty-five (45) days. 8. Changes. 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. 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. 12. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers and employees from and against all claims, losses, damage, injury, and liability for damages arising from errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of - 2 -