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pursuant to the actual expenses incurred by Consultant and substantiated by a receipt or invoice. Mileage will be reimbursed at the current IRS rate. Consultant will submit an invoice on a monthly basis when services have been performed pursuant to this Agreement. Invoices will be submitted to: City Attorney's Office P.O. Box 1988 20 Civic Center Plaza, M-29 Santa Ana, CA 92702 b. The total amount to be expended during the term of this Agreement shall not exceed fifty thousand dollars ($50,000.00). c. Payment by City shall be made within forty-five (45) 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 that may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and shall terminate on June 30, 2023, unless terminated earlier in accordance with Section 15, below. The term may be extended by a writing by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant 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. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Page 2 of 8 #69319v2