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3. COMPENSATION <br />a. City agrees to pay, and Consultant agrees to accept as total payment for its <br />services for City, the rates and charges identified in Exhibit )I, attached hereto and <br />incorporated by reference. The total sum to be expended by City tinder this Agreement <br />shall not exceed Three Hundred Thousand Dollars, (300,000.00) annually during the term <br />of this Agreement. <br />b. Payment by City shall be made within thirty (30) days following receipt of <br />proper invoice evidencing work performed, subject to the City's accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth in the Recitals which may reasonably be expected by the City. <br />4, TERM <br />This Agreement shall commence on October 6, 2015 and terminate on October 5, <br />2018, unless terminated earlier in accordance with Section 14, below. The term of this <br />Agreement is subject to a one two -year renewal option at the discretion of the City <br />Manager and City Attorney, in an amount not to exceed 300,000.00 annually. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire terra of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended <br />nor shall it be construed to create an employer - employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />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 <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance which 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 fiom any act or occurrence arising <br />out of Consultant's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />Page 2 of 8 <br />25G -34 <br />