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Consultant said services and shall perform those services as set forth fully in Exhibit A to this Agreement. 2. TERM. This Agreement shall commence on the date first written above and terminate on March 31, 2009, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Planning and Building Agency and the City Attorney. 3. COMPENSATION. a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $227,670.00 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 during the preceding month, 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 be expected by City. c. Payment pursuant to the this Agreement will be withdrawn from fund accounts as described below: i. $135,000 from the CDBG fund for General Planning Projects (account no. 135-149-6291, project no. 08-7603) for which Consultant agrees to adhere to and be bound by the terms and conditions outlined in Exhibit B; ii. $57,670 from the Planning and Building Agency account for other contractual services (account no. 11-505-6291); iii. $25,000 from the Merged Housing Set Aside funds (Cooperative Agreement No. A2007-211, account no. 507-508-6291, work order no. 62017); and iv. $10,000 from the Air Quality Management fund (account no. 31-505-6291). 4. INDEPENDENT CONTRACTOR Consultant is an independent CONTRACTOR and not an employee of City and all of CONTRACTOR'S personnel shall be employees or subcontractors of Consultant and not employees of the City. 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. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, who would conflict in any manner with performance of services specified under this Agreement.