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<br /> Hundred Fifty Four Thousand Two Hundred Eighty One Dollars ($154,281) with a 10% <br /> contingency of Fifteen Thousand Four Hundred Twenty Eight Dollars ($15,428) for approved <br /> and documented required and necessary work, subject to prior approval of the Deputy City <br /> Manager. <br /> b. The total sum to be expended under this Agreement shall not exceed One Hundred <br /> Sixty Nine Thousand Seven Hundred Nine Dollars ($169,709.00) during the term of this <br /> Agreement. <br /> c. 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 /> 3. TERM <br /> This Agreement shall commence on the date first written above and terminate on December <br /> 31, 2010, unless terminated earlier in accordance with Section 9, below. The term of this <br /> Agreement may be extended upon a writing executed by the Deputy City Manager for <br /> Development Services and the City Attorney. <br /> 4. INDEPENDENT CONTRACTOR <br /> Contractor 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 anemployer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Contractor shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Contractor 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 /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Contractor shall <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br /> described below: <br /> a. Commercial General Liability Insurance. Contractor shall maintain commercial <br /> general liability insurance naming the City, its officers, agents, volunteers, and employees as <br /> additional insureds) and shall include, but not be limited to protection against claims arising <br /> from bodily and personal injury, including death resulting therefrom and damage to property, <br /> resulting from any act or occurrence arising out of Contractor's operations in the performance of <br /> <br /> this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br /> shall be not less than the following: single limit coverage applying to bodily and personal injury, <br /> 2 Exhibit 1 <br /> 25C-4 <br /> <br />