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111�OF suN Pr. <br />5. The dates and times the Services must be provided shall be mutually <br />agreed upon by the City and Consultant; <br />6. All Services to be performed by Consultant including the dates, times and <br />locations, shall be directed through, and approved in advance by, the City <br />Manager or Assistant City Manager for Department of Public Works and <br />Capital Improvement Projects; <br />7. The terms on this Letter Agreement shall commence on the day succeeding <br />approval of this Letter Agreement by the City Manager or his designee and <br />shall continue on an annual basis up to 3 years; <br />8. The City shall have right to terminate, with or without cause, the Services <br />then remaining to be performed by the Consultant upon written notice to <br />the Consultant. In such an event, the Consultant shall be compensated only <br />for the Services satisfactorily performed up to the written notice date of <br />termination; <br />9. The Consultant is an independent contractor and shall be treated as such for <br />all purposes. Nothing contained herein or any action of the parties shall be <br />construed to constitute or to render the Consultant an employee, partner, <br />agent, shareholder, officer or in any other capacity other than as an <br />independent contractor. Consultant shall be responsible for any and all of <br />its own expenses in performing its Services. The City shall have no duty to <br />withhold any Federal income taxes or pay Social Security services. <br />Consultant shall furnish its own transportation, office and other supplies as <br />necessary in carrying out its duties under this Letter Agreement; and <br />10. The terms and conditions of this Letter Agreement shall prevail over the <br />terms and conditions of any other documents. <br />11. This Letter Agreement is subject to the approval of the City Commission. <br />Please sign and date your signature below to confirm your agreement with the above <br />terms and conditions. <br />Sincerely, <br />'ZI X:!!� <br />Christopher JRusso, City Manager <br />ACCEPTED BY <br />J arr <br />cc: Hans Ottinot, City Attorney <br />Audra Curts- Whann, Finance Director <br />Bill Evans, Assistant City Manager <br />Fernando Amuchastegui, Deputy City Attorney <br />