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locations under the control of CITY required for CONSULTANT to perform the services hereunder. CONSULTANT shall not use CITY property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of its obligations under this Agreement. 2. COMPENSATION a. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its services under the terms of this Agreement the rates and charges identified in EXHIBIT A, Section 5, attached hereto and incorporated herein by reference. CONSULTANT shall be paid only for actual services performed under this Agreement, including optional contingent services performed at the sole discretion of CITY (which includes contingent travel). b. The total compensation, inclusive of optional contingent services and contingent travel shall not exceed Twenty -Five Thousand Dollars ($25,000.00) during the entire term of this Agreement, including any extension periods. C. Payment by CITY shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to CITY accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by CITY. 3. TERM This Agreement shall commence on the date first written above and shall terminate June 30, 2021, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended at the sole discretion of CITY for an additional one (1) year period upon a writing to the CONSULTANT executed by the City Manager and the City Attorney. Thereafter, further extension of this Agreement may only be made by amendment upon mutual agreement of the Parties. 4. INDEPENDENT CONTRACTOR CONSULTANT shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which CONSULTANT performs the services which are the subject matter of this Agreement; however, the services to be provided by CONSULTANT shall be provided in a manner consistent with all applicable standards and regulations governing such services. CONSULTANT shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Page 2 of 10