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hard copy and produced in a form compatible with City's information systems, as agreed
<br />between the City Representative and Consultant.
<br />In regard to all material produced as a deliverable under this Agreement, including but
<br />not limited to records, papers, drawings, specifications, programs, systems and other materials
<br />prepared by Consultant, Consultant agrees, for itself and its affected officers, employees, agents,
<br />contractors, and volunteer workers, that (a) such material shall be the property of the City, and
<br />may not be copyrighted without prior review from the City, and (b) the authors of all such
<br />material, whether copyrighted or not, award to the City, and to its officers, agents and employees
<br />acting within the scope of their official duties, as a condition of payment to the Consultant, a
<br />royalty -free, nonexclusive, irrevocable license throughout the world for governmental purposes
<br />to disclose, publish, translate, reproduce, and use such materials.
<br />4. COMPENSATION
<br />City agrees to pay, and Consultant agrees to accept as total payment for its services,
<br />including its expenses, the sum of twenty-five thousand dollars ($25,000) as compensation for
<br />the plan of work described in the Consultant's Proposal dated July 15, 2013, attached as Exhibit
<br />A to this Agreement. Payment by City shall be made within thirty (30) days following receipt of
<br />proper invoice with the last payment to be made upon completion of Final Report and Action
<br />Plan described in proposal.
<br />5. TERM
<br />This Agreement shall commence on the date first written above and terminate upon
<br />completion of work or on January 31, 2014, whichever is earlier, unless earlier terminated as set
<br />forth in Section 14, below.
<br />6. 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 nor
<br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or
<br />to allow the City to exercise discretion or control over the professional manner in which
<br />Consultant performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Consultant shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services. Consultant shall pay all salaries and
<br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to its
<br />employees and shall be responsible for all applicable withholding taxes.
<br />7. INSURANCE
<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:
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