MANAGEMENT PARTNERS, INC. (2011 Strategic Plan, Labor etc.)

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2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, an hourly fee ranging up to $175.00 and not to exceed $15,000.00 total fees per month. City will provide office space, computer, telephone and staff support necessary in performance of this Agreement. City agrees to compensate Ms. Perkins for automobile mileage directly incurred in performing the course of the scope of work required hereunder at the then current Internal Revenue Service mileage expense figure. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, 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. 3. TERM This term of this Agreement shall be June 6, 2011 to June 30, 2012, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant, including its agents, principals, employees and all others acting on its behalf shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. 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 taxes. 5. INSURANCE Consultant shall provide evidence of Professional Liability Insurance naming the City as an additional insured, in the amount of $1 ,000,000.00. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct operations ofthe Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement.