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<br /> <br /> <br /> <br /> <br /> <br /> <br /> employees, agents, contractors, and volunteer workers, that (a) other such material shall <br /> be the property of the City, and may not be copyrighted without prior review from the <br /> City, and (b) the authors of all such material, whether copyrighted or not, award to the <br /> City, and to its officers, agents and employees acting within the scope of their official <br /> duties, as a condition of payment to AGA, a royalty-free, nonexclusive, irrevocable <br /> license throughout the world for governmental purposes to disclose, publish, translate, <br /> reproduce, and use such materials. <br /> 3. COMPENSATION <br /> <br /> a. City agrees to pay, and AGA agrees to accept as total payment for its services, <br /> the rates and charges identified in AGA's Fee Proposal, attached hereto as Exhibit B and <br /> incorporated by reference. The total sum to be expended under this Agreement shall not <br /> exceed $44,682.00, during the term of this Agreement. <br /> <br /> b. 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 set <br /> forth in the Recitals which may reasonably be expected by City. <br /> 4. TERM <br /> <br /> This Agreement shall commence on the date first written above and terminate on <br /> June 30, 2011, unless terminated earlier in accordance with Section 13, below. The term <br /> of this Agreement may be extended upon a writing executed by the Executive Director of <br /> Public Works and the City Attorney. <br /> <br /> 5. INDEPENDENT CONTRACTOR <br /> <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 <br /> nor shall it be construed to create an 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 by Consultant shall be provided in a <br /> 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 <br /> insurance and similar taxes relating to employees and shall be responsible for all applicable <br /> withholding taxes. <br /> 6. INSURANCE <br /> <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 /> <br /> <br /> <br /> <br /> <br /> 25J-4 <br />