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2. COMPENSATION <br />a. The total amount of this Agreement shall not exceed $166,666 during the term of this <br />Agreement. However, City neither warrants nor guarantees any minimum or maximum <br />compensation, within that not to exceed amount, to Consultant under this Agreement. Consultant <br />shall be paid only for actual services performed under this Agreement at the rates and charges <br />identified in Exhibit B. Consultant is one of six Consultants selected to provide on-call <br />municipal expedited siteibuilding/inspection services on an as needed basis pursuant to the <br />Request for Council Action (RFCA) dated March 7, 2017, the terms of which are incorporated <br />herein, <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 />This Agreement shall commence on the date first written above and terminate three (3) <br />years from said commencement date on July 5, 2020, unless terminated earlier in accordance <br />with provisions, below. The term of this Agreement may be extended upon a writing executed by <br />the City Manager and the City Attorney. <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. 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 />