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2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for each <br />completed milestone, the rates and charges as identified Exhibit A. The total sum to be expended <br />under this Agreement shall not exceed $192,000.00 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of a proper <br />invoice evidencing work performed and accepted, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set forth in <br />the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on April <br />13, 2012 unless terminated earlier in accordance with Section 13, below. <br />4. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City all work products arising from the services provided. <br />Said work product shall be submitted in a hard copy and produced in a form compatible with <br />City's computer system, as agreed between the City and Consultant. <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.