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<br />nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br />publish, translate, reproduce, and use such materials. <br />Any publications (including books, brochures, films, videotapes and other materials designed for <br />public distribution) resulting from the project shall contain the following statement: <br /> <br />"The activity which is the subject of this report has been financed in part with City funds. <br />However, the contents and opinions do not necessarily reflect the views or policies of the City, <br />nor does mention of trade names or commercial products constitute endorsement or <br />recommendation by the City." <br /> <br />3, COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at <br />the hourly rate of $180.00. The total sum to be expended under this Agreement shall not exceed <br />$50,000 during the term of this Agreement. <br /> <br />b. 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 need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />4. TERM <br /> <br />This Agreement shall commence on the date first \witten above and terminate on June 30, <br />2008, unless terminated earlier in accordance with Section 1 I, below. The term of this <br />Agreement may be extended upon a \\Titing executed by the Executive Director ofthe Public <br />Works Agency and the City Attorney. <br /> <br />5. INDEPENDENT CONTRACTOR <br /> <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-employee 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 <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br /> <br />6. CONFIDENTIALITY <br /> <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br />and further agrees to exercise the same degree of care it uses to protect its own information of <br /> <br />2 <br />