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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services for <br />City a Project fee of $82,189.00, at the rates and charges identified in Exhibit B, attached hereto <br />and incorporated by reference. A contingency of fifteen percent (15 %) shall be available, at the <br />discretion of the Executive Director of Public Works, for services that are currently not <br />anticipated but may be required to complete the Project. The total sum to be expended by City <br />under this Agreement shall not exceed $95,000.00 during the term of this Agreement. <br />b. Invoices <br />i. The Consultant shall submit a monthly invoice by the fifteenth of the month to the <br />City for the services rendered in the prior month. <br />ii. All invoices for work performed under this Agreement shall be submitted in a format <br />approved by the City. Invoices shall include the following information at a <br />minimum: <br />a. Consultant's invoice number <br />b. 'Beginning and ending dates for services <br />d. Work site address /location (if applicable) <br />e. Tasks or deliverables completed and hours of service rendered during the <br />statement period <br />f Percent Project complete from Agreement commencement through invoice date. <br />g. Additional approved services provided outside Consultant's original Scope of <br />Work. <br />c. City shall, within sixty (60) days of receipt, review and make payment on the invoice. <br />City shall retain ten percent (10 %) of the invoice amount from each payment until the completed <br />Project has been accepted by the City. Payment need not be made for work which fails to meet <br />the standards of performance as set forth in the Recitals, above. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2014, unless terminated earlier in accordance with Section 14, below. The term of <br />this Agreement may be extended by a writing executed by the City Manager. <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 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 applicable <br />standards and regulations governing such services. Consultant shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible 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 described <br />below: <br />25G -4 <br />