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3. 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 Table 1 to Exhibit A. The total sum to be expended for these <br />services shall not exceed $175,000.00 during the term of this Agreement. <br />b. Paymentby 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 />4. TERM <br />This Agreement shall commence on September 16, 2014 and terminate on September 1, <br />2017, unless terminated earlier in accordance with Section 13, below. The City Manager shall <br />have the option to extend the Term of this Agreement for up to one -year, on the same terms and <br />conditions set forth herein. At the end of the fall Tenn hereof, the Agreement may be extended <br />to expend any remaining funds to complete ongoing projects, by a writing executed by the City <br />Manager and the City Attorney <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 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 />6. INSURANCE <br />Prior to undertaking perfonmance 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. Consultant shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, and in the aggregate. Such insurance shall (a) name the <br />City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) <br />be primary and not contributory with respect to insurance or self - insurance programs maintained <br />by the City; and (c) contain standard separation of insureds provisions. <br />25E -4 <br />