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2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Yxhibit A. The total sum to be expended under this Agreement shall not exceed $3,000.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) 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 he expected by Cily. 3. TF,RM This Agreement shall commence on the date first written above and tenniuate on December 3l, 2006, wiles terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the F,xecutive Director of public Works and the City Attorney. 4. INDF,PENDF.NT CONTRACTOR Consultant shall, during the entire term of this Agreement, he 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 Cily to exercise discretion or control over the professional manner in which Consultant performs the services which are the suhject 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 he responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreemeut, Consultant shat] maintain and shall require its subcontractors, if any, to obtain and maintain inswance as described below: a. Workers Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to he insured against liability for worker's compensation or to undertake self-insurance. Yrior to commencing the perfurmance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 6. INDEMNIFICA'PION Consultant agrees to and shall indemnify and bold huuiless the City, its olficers, agents. employees, consultants, special counsel, and representatives from liability for personal injury,