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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A. The total sum to be expended under this <br />Agreement shall not exceed $65,000.00 during the term of this Agreement. <br />b. A retainer of twenty percent (20%), in the amount of $13,000, shall be paid upon <br />execution of this Agreement. Consultant shall bill monthly. Subsequent payment by City shall <br />be made within thirty (30) days following receipt of proper invoice evidencing work performed, <br />subject to City accounting procedures. Payment need not be made for work which fails to meet <br />the standards of performance set forth in the Recitals which may reasonably be expected by City. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />Consultant's filing of the Notice of Determination with the County Clerk, unless terminated <br />earlier in accordance with Section 12, below. The term of this Agreement may be extended upon <br />a writing executed by the Executive Director of Planning and Building and the City Attorney. <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. <br />6. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Consultant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />