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3. COMPENSATION
<br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates
<br />and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed
<br />$25,000.00 during the term of this Agreement.
<br />b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
<br />evidencing work performed, subject to City accounting procedures. Payment need not be made for work
<br />which fails to meet the standards of performance set forth in the Recitals which may reasonably be
<br />expected by City,
<br />4. TERM
<br />This Agreement shall commence on the date first written above and terminate on June 30, 2015,
<br />unless terminated earlier in accordance with Section 13, below. The parties agree that services provided
<br />since July 1, 2013 shall be included within the term of this agreement.
<br />S. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an independent
<br />contractor and not an employee of the City, This Agreement is not intended nor shall it be construed to
<br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Consultant performs the services which are
<br />the subject 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 such services.
<br />Consultant shalt pay all salaries and wages, employer's social security taxes, unemployment insurance and
<br />similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
<br />6. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below;
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance which shall include, but not be limited to protection against claims arising from bodily
<br />and personal injury, including death resulting therefrom and damage to property, resulting from any act or
<br />occurrence arising out of Consultant's operations in the performance of this Agreement, including,
<br />without limitation, acts involving velricles. The amounts of insurance shall be not less than the following.
<br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, and
<br />property damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate, Such
<br />insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as
<br />additional insured(s); (b) be primary and not contributory with respect to insurance or self insurance
<br />programs maintained by the City; and (c) contain standard separation of insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of
<br />not less than $f,000,000 per occurrence. Such insurance shall include coverage for owned, hired and
<br />non -owned automobiles.
<br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the
<br />Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for
<br />worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work
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