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<br /> 4. FINISHED AND PRELIMINARY DATA <br /> All of Consultant's finished technical data, including but not limited to illustrations, <br /> <br /> photographs, tapes, software, software design documents, including without limitation source <br /> code, binary code, all media, technical documentation and user documentation, photoprints and <br /> other graphic information required to be furnished under this Agreement, shall be City's property <br /> upon payment and shall be furnished with unlimited rights and, as such, shall be free from <br /> proprietary restriction except as elsewhere authorized in this Agreement. Consultant further <br /> agrees that it shall have no interest or claim to such finished, City-owned, technical data; <br /> furthermore, said data is subject to the provisions of the Freedom of Information Act, 5 USC <br /> 552. <br /> 5. COMPENSATION <br /> a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br /> the rates and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The <br /> total sum to be expended under this Agreement shall not exceed One Million, Four Hundred <br /> Thousand Dollars ($1,400,000.00) 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. The invoice shall <br /> include a detailed breakdown of the services, the tasks, the hours, and hourly rates. It should be <br /> noted that no more than 90 percent of the total payment amount will be made prior to the final <br /> completion and approval of all work and delivery of final deliverables. <br /> 6. TERM <br /> This Agreement shall commence on the date first written above and terminate on June 30, <br /> 2011, unless terminated earlier in accordance with Section 15, below. <br /> 7. 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 /> 3 <br /> 25A-7 <br /> <br />