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Providing of a monthly newsletter covering employment relations developments. 4. Annual Access to Premium Liebert Library Services. Fee: Attorney will provide these special services to Agency for a fee of Four Thousand Five Hundred Forty Five Dollars ($4,545.00) payable in one payment prior to February 1, 2022. The fee, if paid after February 1, 2022 will be $4,645.00. In no event shall the total compensation and costs payable to Attorney, under this Agreement, exceed the sum of $4,645.00, Said fee will cover Attorney's time in providing said training and consultative services and the development and printing of written materials provided to attendees at the training programs. Independent Contractor: It is understood and agreed that Attorney is and shall remain an independent contractor under this Agreement. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the Agency to exercise discretion or control over the professional manner in which Attorney performs the services which are the subject matter of this Agreement; however, the services to be provided by Attorney shall be provided in a manner consistent with all applicable standards and regulations governing such services. Attorney shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. Term: The term of this Agreement shall commence on the Effective Date and shall expire on December 31, 2022. Condition Precedent: It is understood and agreed that the parties' aforesaid rights and obligations are contingent on no less than forty-eight (48) local agency employers entering into a substantially identical Agreement with Attorney on or about January 1, 2022. Insurance: Attorney shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorney's fail or refuse to produce and maintain the insurance required by this section, or fail or refuse to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall 2 9941490.1 CR020-013