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<br /> <br /> <br /> <br /> <br /> <br /> 3. COMPENSATION <br /> <br /> City agrees to pay, and Consultant agrees to accept as total payment for its services, the <br /> cumulative rates and charges identified in Exhibit A. The total sum to be expended tinder this <br /> Agreement shall not exceed $3,800.00 during the term of this Agreement. Payment by City shall <br /> be made within thirty (30) days following receipt of proper invoice evidencing work performed, <br /> subject to City accounting procedures. Payment need not be made for work which fails to meet <br /> the standards of performance set forth in the Recitals which may reasonably be expected by City. <br /> <br /> 4. TERM <br /> <br /> This Agreement shall commence on the date first written above and terminate upon the <br /> completion of the Scope of Services or depletion of the maximum contract amount as stated in <br /> Section 3 above, unless terminated earlier in accordance with provisions below. The term of this <br /> Agreement may be extended upon a writing executed by both parties, including the City <br /> Manager and the City Attorney for the City. <br /> <br /> 5. INDEPENDENT CONTRACTOR <br /> <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 nor <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> Consultant performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Consultant shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Consultant shall pay all salaries <br /> and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br /> to employees and shall be responsible for all applicable withholding taxes. <br /> <br /> 6. INSURANCE <br /> Q <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 /> a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, volunteers <br /> and representatives as additional insureds) and shall include, but not be limited to <br /> protection against claims arising from bodily and personal injury, including death <br /> resulting therefrom and damage to property, resulting from any act or occurrence <br /> arising out of Consultant's operations in the performance of this Agreement, <br /> including, without limitation, acts involving vehicles. The amounts of insurance shall <br /> be not less than the following: single limit coverage applying to bodily and personal <br /> injury, including death resulting therefrom, and property damage, in the total amount <br /> of $1,000,000 per occurrence. Consultant shall supply City with a fiilly executed <br /> additional insured endorsement in substantially the form attached hereto as Exhibit B <br /> <br /> <br /> 2 <br />