25J - AGMT - REGIONAL INTEROPERABILITY FIRE COMM

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2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for each completed milestone, the rates and charges as identified Exhibit A. The total sum to be expended under this Agreement shall not exceed $192,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of a proper invoice evidencing work performed and accepted, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on April 13, 2012 unless terminated earlier in accordance with Section 13, below. 4. DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work products arising from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the City and Consultant. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 2 25J-4