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3. COMPENSATION <br />a. Consultant shall be compensated at the rate of $125 per hour for the services <br />set forth in the Scope of Work. Total fees payable for the Scope of Services shall not <br />exceed $15,000 during the term of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice including a detailed breakdown of the services and tasks performed, hours <br />and hourly rates related to performance of those services and tasks, subject to City <br />accounting procedures. <br />c. Payment need not be made for work which fails to meet the standards of <br />performance set forth in the Recitals which may reasonably be expected by City. In the <br />event that the City disputes a portion of Consultant's invoice, any sums not in dispute <br />shall be remitted to Consultant. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate <br />upon expenditure of allocated funds, unless terminated earlier in accordance with Section <br />13, below. <br />5. INDEPENDENT CONTRACTOR <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 <br />nor shall it be construed to create an employer - employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />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 <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />INSURANCE <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 />2 <br />