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<br />" <br /> <br />3. COMPENSATION <br /> <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, a <br />monthly retainer of$12,000.00. The total sum to be expended under this Agreement shall not <br />exceed $72,000.00 during the ternl ofthis Agreement. <br /> <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br /> <br />4. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />completion of the project through HCD Conditional Designation, unless terminated earlier in <br />accordance with Section 13, below. <br /> <br />5. INDEPENDENT CONTRACTOR <br /> <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, employds social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br /> <br />6. INSURANCE <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 maintain insurance as <br />described below: <br /> <br />a. Due to the nature of the services provided, commercial general liability insurance is <br />not required. <br /> <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br />owned, hired and non-owned automobiles. <br /> <br />C. Worker's Compensation Insurance. In accordance with the proviSIOns of Section 3300 <br />of the Labor Code, Consuhant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br /> <br />2 <br />