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expended under this Agreement shall not exceed $339,807 in FY2015/16 and <br /> $350,829 in FY2016/17 during the term of this Agreement, based upon an hourly <br /> rate of$16.34 (FY2016/17) and $16.87 (FY2016/17) respectively. <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 to 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, 2015 and end on July <br /> 31, 2017, unless terminated earlier in accordance with Section XI, below. The term of <br /> this Agreement may be extended once, for an additional two year period upon a written <br /> agreement 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 it subcontractors, if any,to obtain and maintain insurance as <br /> described below: <br /> A. Workers Compensation insurance with statutory limits, any employer's liability <br /> insurance with limits of not less than One Million Dollars($1,000,000) per <br /> accident. <br /> B. Commercial General Liability insurance, or equivalent form, with a combined <br /> single limit of not less than One Million Dollars($1,000,000)per occurrence OR <br /> with a combined single limit of not less than Five Million Dollars($5,000,000) <br /> 5 <br /> ACMS Initial <br />