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1. SCOPE OF SERVICES <br />Consultant shall perform credit card processing services according to the rates set forth in <br />Exhibit A and in accordance with the terms and conditions set forth in the Merchant Card <br />Processing Agreement attached to this Agreement as Exhibit S. <br />2. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its services, <br />the rates and charges identified in Exhibit A and in the Merchant Card Processing Agreement. <br />The total sum to be expended under this Agreement shall not exceed $ 70,000.00 annually during <br />the term of this Agreement. For purposes of computing the 12 -month period, the City <br />acknowledges invoices for services rendered from October 1, 2013 . through the effective date of <br />this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />September 30, 2015, unless terminated earlier in accordance with Section 12, below, or pursuant <br />to the Merchant Card Processing Agreement. <br />4. 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 <br />applicable standards and regulations governing such services. Consultant shall pay all salaries and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />5. 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 />a. Commercial General Liability Insurance. WAIVED <br />25C -5 <br />