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drawings or data magnetically or otherwise recorded on computer disks (CD)s, USB jump drives <br />or equivalent, which are prepared or caused to be prepared by Consultant tinder this Agreement <br />( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City <br />is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor <br />prepares under this Agreement. Consultant represents and warrants that Consultant has the legal <br />right to license any and all Documents & Data. Consultant makes no such representation and <br />warranty in regard to Documents & Data which were provided to Consultant by the City. City <br />shall not be limited in any way in its use of the Documents and Data at any time, provided that <br />any such use not within the purposes intended by this Agreement shall be at City's sole risk. <br />6. PAYMENTS c& INVOICES <br />a. Consultant shall submit a monthly invoice by the fifteenth of the month to the City <br />for the services rendered in the prior month. <br />b. All invoices for work performed under this Agreement shall be submitted in a format <br />approved by the City. Invoices shall include the following information at a <br />minimum: <br />i. Consultant's invoice number and City's agreement mmlber <br />ii. Beginning and ending dates for services <br />iii. City Project and /or Task Order number and/or name (if applicable) <br />iv. - Work site address /location (if applicable) <br />V. Tasks or deliverables completed, and percentage ( %) of total services <br />completed. <br />vi. Remaining Overall and Task Order budget available <br />City will, within 45 days of receiving such statement in a manner that meets the City's <br />requirements, review the statement and subsequently pay the approved charges thereon. <br />7. 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 <br />employees and shall be responsible for all applicable withholding taxes. <br />Attaehement 2 - 2 <br />