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<br />3. COMPICNSATlON <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br />rates and charges identified in Exhibit A. The total sum to be expended under this Agreement <br />shall not exceed $10,000.00 during the term of this Agreement. <br /> <br />b. Payment by City shall be made within thil1y (30) days following receipt of proper <br />invoice evidencing work performed. subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br /> <br />4. TERM <br /> <br />This Agreement shall commence on the date tirst written above and terminate on June 30. <br />2007, unless terminated earlier in accordance with Section 13, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Finance and <br />Management Services and the City Attorney. <br /> <br />5. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term of this Agreement, he construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer-employee relationship, ajoint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services \vhich are the subject matter ofthi5 Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicah]e standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br /> <br />6. INSlIRANCE <br /> <br />Prior to undertaking performance of work under this Agreement. Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and 11laintain insurance as described <br />below: <br />3. Commercial General Liability Insurance. Consultant shall maintain commercial <br />generalliabi]ity insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br />and personal injury, including death resulting therefrom, and property damage, in the total amount <br />of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional <br />insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this <br />Agreement and shall be approved in form by the City Attomcy. <br /> <br />2 <br />