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scope of their official duties, as a condition of payment to the Consultant, aroyalty-free, <br /> nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br /> <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 identified in Exhibit A. The total sum to be expended under this <br /> Agreement shall be set in the writing authorizing Consultant to perform a specific project <br /> pursuant to 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 June 30, <br /> 2011, unless terminated earlier in accordance with Section 13, below. The term of this <br /> Agreement may be extended upon a writing executed by the Executive Director of Planning and <br /> Building and the City Attorney. <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 em to er-em to ee relationshi , a 'oint venture relationship, or <br /> P Y p Y P J <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: <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, volunteers and <br /> representatives as additional insureds) and shall include, but not be limited to protection against <br /> claims arising from bodily and personal injury, including death resulting therefrom and damage <br /> to property, resulting from any act or occurrence arising out of Consultant's operations in the <br /> 25F-6 <br /> <br />