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for a not to exceed fee of $15,000. If the City only proceeds to Phase 2 on one Site, the <br />fee estimate will be reduced accordingly. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City any work product which results from the services <br />provided. <br />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, aroyalty -free, <br />nonexclusive, irrevocable license throughout the world for governmental purposes to <br />disclose, publish, translate, reproduce, and use such materials_ <br />3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services, the rates and charges identified in Exhibit A. The fee estimate for Phase 1 shall <br />not exceed $8,000, and shall not exceed $15,000 for Phase 2. The total sum to be <br />expended under this Agreement shall not exceed $25,000.00 during the term of this <br />Agreement. <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 />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 />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2013 unless terminated earlier in accordance with Section 13, below. <br />5. INDEPENDENT CONTRACTOR <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 />