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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates <br />and charges identified in Consultant's Fee Schedule, attached hereto as Exhibit B. The total sum to be <br />expended on all consultants providing NPDES Inspection and Database Management services shall not <br />exceed an aggregate of $300,000, annually, during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice <br />evidencing work performed, subject to City accounting procedures. The invoice shall include a detailed <br />breakdown of the services provided, the project title, the tasks, the hours, and hourly rates. Payment need <br />not be 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 />4. TERM 2012 -EEC <br />This Agreement shall commence on the date first written above and terminate on March 31, , <br />unless terminated earlier in accordance with Section 13, below. The City shall have the option to extend <br />the term of this Agreement for up to three additional one -year periods, on the terms and conditions set <br />forth herein. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Consultant performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to 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 maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance which shall include, but not be limited to protection against claims arising from bodily <br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Consultant's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and <br />property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be <br />primary with respect to insurance or self - insurance programs maintained by the City; and (c) contain <br />standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of <br />not less than $1,000,000 per occurrence_ Such insurance shall include coverage for owned, hired and <br />non -owned automobiles. <br />25� -4 <br />