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In regard to all material produced as a deliverable under this Agreement, including but not limited <br /> to records, papers, drawings, specifications, programs, systems and other materials prepared by <br /> Consultant, Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br /> volunteer workers, that (a) other such material shall be the property of the City, and may not be <br /> copyrighted without prior review from the City, and (b) the authors of all such material, whether <br /> copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of <br /> their official duties, as a condition of payment to the Consultant, aroyalty-free, nonexclusive, irrevocable <br /> license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use <br /> such materials. <br /> 4. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br /> and charges identified in Exhibit A, Project Budget. The total sum to be expended under this Agreement <br /> shall not exceed $87,274.00 during the term of this Agreement. <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br /> evidencing work performed, subject to City accounting procedures. Payment need not be made for work <br /> which fails to meet the standards of performance set forth in the Recitals which may reasonably be <br /> expected by City. <br /> 5. TERM <br /> This Agreement shall commence on the date first written above and terminate on June 30, 2011, <br /> unless terminated earlier in accordance with Section 14, below. The term of this Agreement may be <br /> extended by a writing executed by the Executive Director of Public Works and the City Attorney. <br /> 6. INDEPENDENT CONTRACTOR <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br /> discretion or control over the professional manner in which Consultant performs the services which are <br /> the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br /> <br /> provided in a manner consistent with all applicable standards and regulations governing such services. <br /> Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br /> similar taxes relating to employees and shall be responsible for all applicable withholding taxes. <br /> 7. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br /> shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> 2 <br /> 25E-6 <br /> <br />