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prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents, <br /> contractors, and volunteer workers, that (a) other such material shall be the property of the City, <br /> and may not be copyrighted without prior review from the City, and (b) the authors of all such <br /> material, whether copyrighted or not, award to the City, and to its officers, agents and employees <br /> acting within the scope of their official duties, as a condition of payment to the Consultant, a <br /> royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes <br /> to disclose, 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, an <br /> hourly rate of $115.00. The total sum to be expended under this Agreement shall not exceed <br /> $55,000.00 during the term of this Agreement. <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 /> 4. TERM <br /> This Agreement shall commence on the date first written above and terminate on <br /> December 31, 2010, unless terminated earlier in accordance with Section 13, below. The City <br /> shall have the option to renew this Agreement for up to two additional one-year terms, on the <br /> same terms and conditions set forth herein. <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 anemployer-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 /> <br /> described below: <br /> 2 <br /> 25B-4 <br /> <br />