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3. COMPENSATION <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 under this <br />Agreement shall not exceed $10,000.00 during the term of this Agreement. Payment by City <br />shall be made within thirty (30) days following receipt of proper invoice evidencing work <br />performed, subject to City accounting procedures. Payment need not be made for work which <br />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 three (3) <br />years from said commencement date or upon the depletion of the maximum contract amount as <br />stated in Section 3 above, unless terminated earlier in accordance with provisions below. The <br />term of this Agreement may be extended upon a writing executed by both parties, including the <br />City Manager and the City Attorney for the City. <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 <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 />6. INSURANCE <br />Prior to undertaking performance of work tinder 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 fully executed <br />2 <br />