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nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br />publish, translate, reproduce, and use such materials. <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges set forth in Consultant's Fee Proposal, attached hereto as Exhibit B. The <br />total sum to be expended under this Agreement not exceed $229,600, during the term of this <br />agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice including a detailed breadown of the services and tasks performed, hours and hourly <br />rates related to performance of those services and tasks, subject to the City accounting procedures <br />City shall pay up to ninety percent (90%) of the invoice. City shall retain ten percent (10%) of <br />each payment subject to final completion and approval of all work and delivery of final reports <br />and plans. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. <br />TERM <br />This Agreement shall commence on the date first written above and terminate on <br />completion of the services, unless terminated earlier in accordance with Section 13, below. <br />5. INDEPENDENT CONTRACTOR <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 />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: