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The amount to be expended for these specific services shall not exceed One <br />Hundred and Sixty Eight Thousand, Five Hundred and Seventy Six dollars <br />($168,576.00), which includes a 20% contingency, during the term of this <br />Agreement. <br />b. City agrees to pay and Consultant agrees to accept as total payment for the <br />website maintenance and support services, the rates and charges set forth in <br />Section B of Exhibit B attached hereto. The amount to be expended for services <br />shall not exceed Seventy Two Thousand dollars ($72,000.00) during the term of <br />this Agreement. <br />C. The total amount to be expended for both the website redesign and implementation <br />of Drupal Content Management System services, as well as the website <br />maintenance and support services, shall not exceed Two Hundred and Forty <br />Thousand, Five Hundred and Seventy Six dollars ($240,576.00) during the term of <br />this Agreement. <br />b. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />1 TERM <br />This Agreement shall commence on the date first written above, and terminate on June 30, <br />2020, unless terminated earlier in accordance with Section 12, below. The term of this Agreement <br />may be extended upon a writing executed by the City Manager and the City Attorney <br />4. 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 Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to <br />be provided by Consultant shall be provided in a manner consistent with all applicable standards <br />and regulations governing such services. Consultant shall pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall <br />be responsible for all applicable withholding taxes. <br />5. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents orworks of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared <br />or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />shall require all subcontractors to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subcontractor prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />