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expended under this Agreement shall not exceed $ 284,292.00 during the term <br /> of this Agreement, based upon an hourly rate of$ 13.69. <br /> B. Payment by the City shall be made within thirty (30) days following the receipt of <br /> proper invoice evidencing work performed, subject to City accounting <br /> procedures. Payment need not be made for work which fails tc meet the <br /> standards of performance set forth in the Recitals which may reasonably be <br /> expected by the City. <br /> III. TERM <br /> This Agreement is for a period that shall commence on August 1, 2013 and end on July <br /> 31, 2015, unless terminated earlier in accordance with Section 12, below. The term of <br /> this Agreement may be extended for one additional year upon a written agreement <br /> executed by both parties. <br /> IV. INDEPENDENT CONSULTANT <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 <br /> intended nor shall it be construed to create an employer-employee relationship, a joint <br /> venture relationship, or to allow the City to exercise discretion or control over the <br /> professional manner in which Consultant forms of services which are the subject matter <br /> of this Agreement; however, the services to be provided by Consultant shall be provided <br /> any manner consistent with all applicable standards and regulations governing such <br /> services. Consultant shall pay all salaries and wages, employer's social security taxes, <br /> unemployment insurance and similar taxes relating to employees and shall be <br /> responsible for all applicable withholding taxes. <br /> V. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall <br /> maintain and shall require its subcontractors, if any, maintain in full fc rce and effect at <br /> its own cost and expense the following insurance coverage with insurers with an A.M. <br /> Best's rating of no less than A:VII: <br /> A. General Liability and Bodily Injury Insurance. Commercial general liability <br /> insurance with limits of at least Two Million Dollars($2,000,000) combined limit <br /> for bodily injury and property damage that provides that the City, its officers, <br /> employees, agents, volunteers, and representatives are named additional <br /> insureds under the policy as evidenced by an additional insured endorsement <br /> satisfactory to the City Attorney. The policy shall state in writ ng either on the <br /> Certificate of Insurance or attached rider that this insurance will operate as <br /> 5 <br /> ACMS Initial <br />