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3. COMPENSATION <br />a. Consultant shall be compensated at the rate of $125.00 per hour for the <br />services set forth in the Scope of Work. Total fees payable for the Scope of Services <br />shall not exceed $29,400 during the term of this Agreement. <br />b. Payment by Agency 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 Agency <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 Agency. In <br />the event that the Agency disputes a portion of Consultant's invoice, any sums not in <br />dispute shall be remitted to Consultant. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />final adoption and implementation of the Management District, unless terminated earlier <br />in accordance with Section 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 Agency. This Agreement is not <br />intended nor shall it be construed to create an employer - employee relationship, a joint <br />venture relationship, or to allow the Agency to exercise discretion or control over the <br />professional manner in which Consultant performs the services which are the subject <br />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 <br />such services. Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible <br />for all applicable withholding taxes. <br />6. 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 />.5'22$ <br />