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(1) the copyright in any work developed through this agreement; and <br /> (2) any rights of copyright to which the subcontractor purchases ownership with <br /> support through this grant. The Federal government's, SAA's and City's <br /> rights identified above must be conveyed to the publisher and the language of <br /> the publisher's release form must ensure the preservation of these rights. <br /> 3. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its <br /> services, the rates and charges identified in Exhibit A. The total sum to be <br /> expended under this Agreement shall not exceed $135,000.00 during the term <br /> of this Agreement. <br /> b. Out of pocket expenses, including mileage, copies and phone, will be billed <br /> separately on the first of each month, for the preceding month. Expenses that <br /> individually exceed $500, or aggregate $1,000 in any one month, will require <br /> prior written approval of City. <br /> c. Payment by City shall be made within thirty (30) days following receipt of <br /> proper invoice evidencing work performed, subject to City accounting <br /> procedures. Payment need not be made for work which fails to meet the <br /> standards of performance set for in the Recitals which may reasonably be <br /> expected by City. <br /> <br /> 4. TERM <br /> This Agreement shall commence on the date first written above and terminate on <br /> completion of all training pursuant to this Agreement, unless terminated earlier in <br /> accordance with Section 13, below. <br /> <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 <br /> intended nor shall it be construed to create and employer-employee relationship, a <br /> joint venture relationship, or to allow the City to exercise discretion or control <br /> over the professional manner in which Consultant performs the services which are <br /> the subject matter ofthis Agreement; however, the services to be provided in a <br /> manner consistent with all applicable standards and regulations governing such <br /> services. Consultant shall pay all salaries and wages, employer's social security <br /> taxes, unemployment insurance and similar taxes relating to employees and shall <br /> be responsible for all applicable withholding taxes. <br /> 2 5A-4 <br /> <br />