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b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice, subject to City accounting procedures. The monthly invoice shall provide a detailed <br />breakdown of the services performed during the previous month, including project title and <br />limits, tasks, hour and unit costs or hourly rate. City shall retain fifteen percent (15%) of the <br />contract price for each project until the completed Project has been accepted by City. Payment <br />need not be made for work which fails to meet the standards of performance set forth in the <br />Recitals which may reasonably be expected by City. <br />3. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work-product which results from the services <br />provided. Said work product shall be submitted in hard copy and produced in a form compatible <br />with City's computer system, as agreed between the Project Manager and Consultant. <br />In regard to all copyrightable material produced as a deliverable under this Agreement, <br />including but not limited to books, reports, plans, photographs, drawings, films, recordings, <br />videotapes, and computer programs, Consultant agrees, for itself and its affected officers, <br />employees, agents, contractors, and volunteer workers, that (a) such material may not be <br />copyrighted without prior review by the City, and (b) the authors of all such material, whether <br />copyrighted or not, award to the City, and to its officers, agents and employees acting within the <br />scope of their official duties, as a condition of payment to the Consultant, a royalty-free, <br />nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, <br />publish, translate, reproduce, and use such materials. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />expenditure of allocated funds, 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 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 />6. 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: