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G. FEDERAL FUNDING <br /> If Federal funds are utilized as a source of Project funding,the Contractor/Consultant shall abide by the <br /> terms of all Federal requirements in the performance of duties hereunder. <br /> H. INDEPENDENT CONTRACTOR STATUS <br /> Nothing contained in this Agreement shall be construed to make the Contractor/Consultant an employee <br /> or partner of the City. The Contractor/Consultant shall at all times hereunder be construed to be an <br /> independent contractor. <br /> E. EQUAL EMPLOYMENT OPPORTUNITY. <br /> The Contractor/Consultant agrees to abide by and comply with the City's Equal Employment Opportunity <br /> Clause attached as Exhibit B, attached and incorporated by reference herein and made a part of this <br /> Agreement hereof. <br /> SECTION 4. PAYMENT <br /> A. AMOUNT. <br /> Payment for services under this Agreement shall be no more than <br /> Eighty-Three Thousand and Two Hundred Dollars ($83,200). <br /> B. METHOD OF COMPENSATION. <br /> The basis for compensation shall be either the lump sum amount shown above in paragraph 4(A)or <br /> payment for all hours worked on the project based on the indicated rate for the class of personnel shown <br /> on the current Direct Hourly Labor Costs in effect, as shown on Exhibit C,attached and incorporated by <br /> reference herein and made a part of this Agreement hereof,plus reimbursable expenses with a fixed upper <br /> limit as noted above in paragraph 4(A). <br /> C. REIMBURSABLE EXPENSES <br /> Reimbursable Expenses means the actual expenses incurred directly or indirectly in connection with the <br /> work including but not limited to transportation and subsistence,toll telephone calls,reproduction of <br /> printing and outside consultants. <br /> D. INVOICE <br /> Monthly invoices for services and reimbursable expenses may be submitted to the City based upon the <br /> proportion of the actual work completed at the time of billing. Invoices shall include a description of <br /> work completed,work remaining to be completed and the percentage completed based on the scope of <br /> work. Each invoice shall be accompanied by an Invoice Data Sheet as shown in Exhibit D, attached and <br /> incorporated by reference herein and made a part of this Agreement hereof. If the Contractor/Consultant <br /> prefers,the Invoice Data sheet may serve as the Consultant/Contractor's invoice. <br /> E. TIME OF PAYMENT <br /> Unless provided for otherwise,payments for professional services will be due and payable upon the <br /> receipt of the invoice for services and reimbursable expenses. <br /> F. LATE PAYMENT <br /> The parties agree that the Local Government Prompt Payment Act does not apply to this Agreement and <br /> no penalty for late payment shall apply or be sought against the City. <br /> 3 <br /> Last Revised 03-14-2024 <br />