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. <br /> 3. PAYMENT <br /> It is expressly agreed and understood that the total amount to be paid by the City under <br /> this contract sha11 be $100,000 annually and at the same rate thereafter, prorated to the point of <br /> termination. Payments shall be made on a reimbursement basis. , <br /> 4. INDEPENDENT CONTR.ACTOR <br /> Nothing contained in this Agreement is intended to, or shall be construed in any manner, <br /> as creating or establishing of employer/employee between the parties. The EDCDMC sha11 at all <br /> times remain as independent contractor with respect to the services to be performed under this <br /> Agreement. The City shall be exempt from payment of all unemployment compensation, FICA, <br /> retirement, life and/or medical insurance and workers' compensation insurance as the EDCDMC <br /> is an independent contractor. <br /> 5. HOLD HARMLESS <br /> The EDCDMC shall hold harmless, defend and indemnify the City from any and all <br /> claim, actions, suites, charges and judgments whatsoever that arise out of performance or � <br /> nonperformance of the services or subject matter called for in this contract. <br /> 6. WORKER'S COMPENSATION <br /> The EDCDMC shall provide workers' compensation insurance for all EDCDMC <br /> employees involved in the performance of this contract. <br /> 7. INSUR.ANCE AND BONDING <br /> The EDCDMC shall carry sufficient insurance coverage to protect contract assets from <br /> loss due to theft, fraud and/or undue physical damage. <br /> 8. AMENDMENTS <br /> The City or EDCDMC may amend this Contract at any time provided that such <br /> amendments make specific reference to this Agreement, and are executed in writing, signed by a <br /> duly authorized representative of both organizations, and approved by the City Council. Such <br /> amendments shall not invalida.te this Agreement, nor relieve or release the City or the EDCDMC <br /> from its obligations under this contract. <br /> 3 <br />