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<br />4. COMPENSATION. As the entire compensation to the Consultant for its services to the <br />City under and during the term of this Addendum # 1, in whatever capacity rendered, the City <br />shall pay to the Consultant the sum of $65,650.00. Payment of said compensation shall be <br />made pursuant to the "Fee for Services" as set forth on "Attachment A" which is attached <br />hereto and incorporated herein by reference. <br /> <br />5. INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant is an independent <br />contractor and shall be treated as such for all purposes. Nothing contained in this Addendum <br /># 1 or any action of the parties shall be construed to constitute or to render the consultant an <br />employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent contractor other than those obligations which have been or shall have been <br />undertaken by the City. Consultant shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this Addendum # 1. The City shall not be <br />responsible for any expense incurred by the Consultant. The City shall have no duty to <br />withhold any Federal income taxes or pay Social Security taxes and that such obligations <br />.' shall be that of the Consultant, other than those set forth in this Addendum #1. Consultant <br />shall furnish its own transportation, office and other supplies as it determines necessary in <br />carrying out its duties under this Addendum # 1. <br /> <br />6. OWNERSHIP OF DOCUMENTS AND EOUIPMENT. All documents prepared by the <br />Consultant pursuant to this Addendum # 1 and related services to this Addendum # 1 are <br />intended and represented for the ownership of the City only. Any other use by Consultant or <br />other parties shall be approved in writing by the City. <br /> <br />7. INDEMNIFICATION. Consultant agrees to indemnify and hold harmless, the City, its <br />officers, agents, employees from, and against any and all claims, actions, liabilities, losses <br />and expenses including, but not limited to, attorney's fees for personal, economic or bodily <br />injury, wrongful death, loss of or damage to property, at law or in equity, which may arise or <br />may be alleged to have risen from the negligent acts, errors, omissions or other wrongful <br />conduct of the Consultant, agents or other personal entity acting under Consultant's control in <br />connection with the Consultant's performance of services pursuant to that Addendum # 1 and <br />to that extent the Consultant shall pay such claims and losses and shall pay all such costs and <br />judgments which may issue from any lawsuit arising from such claims and losses and shall <br />pay all costs and attorneys' fees expended by the City in defense of such claims and losses <br />including appeals. The parties agree that ten percent (10%) of the total compensation is a <br />specific consideration from the City to the Consultant for this indemnity. <br />