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<br /> <br /> <br /> <br /> <br /> (2) any rights of copyright to which the subcontractor purchases ownership with support through <br /> this grant. The Federal government's, SAA's and City's rights identified above must be <br /> conveyed to the publisher and the language of the publisher's release form must ensure the <br /> preservation of these rights. <br /> <br /> 3. COMPENSATION <br /> <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 not exceed $550,000.00 during the term of this Agreement. <br /> <br /> b. Out of pocket expenses, including mileage, copies and phone, will be billed separately on <br /> the first of each month, for the preceding month. Expenses that individually exceed $500, or <br /> aggregate $1,000 in any one month, will require prior written approval of City. <br /> c. 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 <br /> not be made for work which fails to meet the standards of performance set for in the Recitals <br /> which may reasonably be expected by City. <br /> <br /> 4. TERM <br /> <br /> This Agreement shall commence on the date first written above and terminate upon completion <br /> of all services pursuant to this Agreement, unless terminated earlier in accordance with Section <br /> 13, below. <br /> <br /> 5. INDEPENDENT CONTRACTOR <br /> <br /> Consultant shall, during the entire term of this Agreement, be construed to be an independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be <br /> construed to create and employer-employee relationship, a joint venture relationship, or to allow <br /> the City to exercise discretion or control over the professional manner in which Consultant <br /> performs the services which are the subject matter of this Agreement; however, the services to be <br /> provided in a manner consistent with all applicable standards and regulations governing such <br /> services. Consultant shall pay all salaries and wages, employer's social security taxes, <br /> unemployment insurance and similar taxes relating to employees and shall be responsible for all <br /> applicable withholding taxes. <br /> 6. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain and <br /> shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability <br /> insurance naming the City, its officers, employees, agents, volunteers and representatives as <br /> additional insured(s) and shall include, but not be limited to protection against claims arising <br /> from bodily injury and personal injury, including death resulting there from and damage to <br /> property, resulting from any act or occurrence arising out of Consultant's operations in the <br /> performance of this Agreement, including, without limitation, acts involving vehicles. The <br /> 2 <br /> <br /> 25C-4 <br />