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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 support <br />through this Grant. The Federal government's, SAA's and City's rights identified <br />above must be conveyed to the publisher and the language of the publisher's release <br />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 />total sum to be expended under this Agreement shall not exceed $250,000.00 during <br />the term 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 prior <br />written approval of City. <br />e. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set for in the Recitals 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 />completion of all services pursuant to this Agreement, unless terminated earlier in <br />accordance with Section 13, below. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire team of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create and employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Consultant shall pay all <br />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 <br />taxes. <br />Page 2 of 9 <br />25H-4