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<br /> <br /> <br /> <br /> <br /> 2. DELIVERY OF WORK PRODUCT <br /> <br /> Consultant shall deliver to City any work product which results from the services <br /> provided. In regard to all copyrightable material produced as a deliverable under this <br /> Agreement, including but not limited to books, reports, plans, photographs, and drawings, <br /> Consultant agrees, for itself and its affected officers, employees, agents, contractors, and <br /> volunteer workers, that (a) other such material may not be copyrighted without prior <br /> review from the City, and (b) the authors of all such material, whether copyrighted or not, <br /> award to the City, and to its officers, agents and employees acting within the scope of <br /> their official duties, as a condition of payment to the Consultant, a royalty-free, <br /> nonexclusive, irrevocable license throughout the world for governmental purposes to <br /> disclose, publish, translate, reproduce, and use such materials. <br /> <br /> 3. COMPENSATION <br /> <br /> a. Consultant shall be compensated at the rate of $125.00 per hour for the <br /> services set forth in the Scope of Work. Total fees payable for the Scope of Services <br /> shall not exceed $17,000.00 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 including a detailed breakdown of the services and tasks performed, hours <br /> and hourly rates related to performance of those services and tasks, subject to City <br /> accounting procedures. <br /> <br /> c. Payment need not be made for work which fails to meet the standards of <br /> performance set forth in the Recitals which may reasonably be expected by City. In the <br /> event that the City disputes a portion of Consultant's invoice, any sums not in dispute <br /> shall be remitted to Consultant. <br /> <br /> 4. TERM <br /> <br /> This Agreement shall commence on the date first written above and all services <br /> shall be completed within two months of full execution of this agreement, subject to <br /> extension pursuant to written authorization by the City Manager and 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 /> <br /> <br /> <br /> 2 <br />