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3. Compensation. <br /> a. Reimbursement. The County will reimburse the City as set forth in Schedule <br /> B,which is attached hereto and by this reference made a part of this Agreement. <br /> b. Overhead and Expenses. No claims for reimbursement of overhead or <br /> expenses will be allowed under this Agreement. <br /> c. Invoices. Upon completion of the City's eligible expense for the project, the <br /> City shall submit a properly executed invoice to the County indicating the amount of eligible <br /> expenses for reimbursement. The invoice shall include an itemization of all reimbursable <br /> expenses incurred by the City with reasonable documentation substantiating such expenses, all in <br /> accordance with this Section 3 and Schedule A. Subject to Section 7 of this Agreement, the <br /> County will pay the invoice within thirty(30) calendar days of receipt. <br /> d. Contract Maximum. Total reimbursable expenses under this Agreement, all <br /> fees and expenses included, shall not exceed $641,456.00 for this Agreement. Schedule C <br /> contains additional information on CARES Act Funding requirements and is made a part of this <br /> Agreement by this reference. <br /> 4. Independent Contractor. The City agrees that City will perform the services under <br /> this Agreement as an independent contractor and not as an agent, employee, or servant of the <br /> County. This Agreement neither constitutes nor creates an employer-employee relationship. <br /> The parties agree that the City is not entitled to any benefits or rights enjoyed by employees of <br /> the County. The City specifically has the right to direct and control City's own activities in <br /> providing the agreed services in accordance with the specifications set out in this Agreement. <br /> The County shall only have the right to ensure performance. Nothing in this Agreement shall be <br /> construed to render the parties partners or joint venturers. <br /> The City shall furnish, employ and have exclusive control of all persons to be engaged in <br /> performing the City's obligations under this Agreement (the "Contractor personnel"), and shall <br /> prescribe and control the means and methods of performing such obligations by providing <br /> adequate and proper supervision. Such Contractor personnel shall for all purposes be solely the <br /> employees or agents of the City and shall not be deemed to be employees or agents of the County <br /> for any purposes whatsoever. With respect to Contractor personnel, the City shall be solely <br /> responsible for compliance with all rules, laws and regulations relating to employment of labor, <br /> hours of labor, working conditions, payment of wages and payment of taxes, including <br /> applicable contributions from Contractor personnel when required by law. <br /> Because it is an independent contractor, the City shall be responsible for all obligations <br /> relating to federal income tax, self-employment or FICA taxes and contributions, and all other <br /> so-called employer taxes and contributions including, but not limited to, industrial insurance <br /> (workers' compensation). The City agrees to indemnify, defend and hold the County harmless <br /> from any and all claims,valid or otherwise,made to the County because of these obligations. <br /> The City assumes full responsibility for the payment of all payroll taxes, use, sales, <br /> income, or other form of taxes, fees, licenses, excises or payments required by any city, county, <br /> CARES ACT FUNDING AGREEMENT <br /> WITH CITY OF EVERETT <br /> (July 2013 edition) Page 2 of 13 <br />