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b. In the event funding is not allocated for this project during the annual budget approval <br />process, the City shall notify the provider of such occurrence in writing at least thirty <br />(30) days before the end of the current fiscal period, and contract shall terminate on <br />the last day of current fiscal period without penalty or expense to the City. <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. <br />[< 104 33 <br />This Agreement shall commence on the date first written above and continue until March <br />31, 2019, with the option for the City to grant an extension to this Agreement, exercisable by a <br />writing by the City Manager and the City Attorney, unless terminated earlier in accordance with <br />Section 16, below. <br />lf�til! ♦ t �Y i � t , ! <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 shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standardsand <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. Neither party may enter into any agreement on <br />behalf of the other. Furthermore, neither party may make any statements on behalf of the other <br />party or attribute statements to the other party. <br />S. OWNERSHIP OF MATERIALS <br />Consultant will be providing a customized FEMA course with a scenario customized <br />specifically for the City of Santa Ana. Consultant shall grant to City a non-exclusive and <br />perpetual license for the customizations and City -specific scenario Consultant prepares under this <br />Agreement ("Customizations" j. Consultant represents that Consultant has the legal right to <br />license any and all Customizations. Consultant makes no such representation in regard to <br />documents & data which were provided to Consultant by the City. City shall not be limited in any <br />way in its use of the Customizations at any time, provided that any such use not within the <br />purposes intended by this Agreement shall be at City's sole risk. <br />6. INSURANCE. <br />City acknowledges that, because Consultant is an agency of the State of Texas, liability for <br />e-, <br />