RES 84489 - Laserfiche WebLink

4. Ownership of Work. All maps, plans, 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. 5. Term. It is recognized by both parties hereto that time is of the essence. Consultant shall begin work in October, 1984. A draft report shall be completed by January 16, 1985. A final report shall be completed within two (2) weeks after City review and approval of the draft report. 6. Compensation. For the services to be rendered hereunder, City shall pay Consultant on a time-and-materials basis, not to exceed Fifty-three Thousand Dollars ($53,000). Rates shall be in accordance with Exhibit 4 of attached Exhibit "A". Upon receipt of Consultant's invoice, the Public Works Director shall review the invoice and approve the amount claimed. Payment shall be made within thirty (30) days of receipt of Consultant's invoice. 7. Changes. City may request, from time totime, changes in the scope of services to be provided by Consultant. Any change shall be mutually agreed upon between City and Consultant. 8. 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. 9. Termination for 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 work actually completed, based on a time-and-materials basis for the work done as described in Section 6 herein, at the time of notice of termination is received. 10. 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. 11. 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 services under this Agreement. Acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from liability under this indemnity and hold harmless clause. -2-