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b. CITY agrees to pay, and CONSULTANT agrees to accept as total payment for its <br />optional services the rates and charges as set forth in EXHIBIT B. <br />c. CONSULTANT shall bill for emergency Medical Services at the rates established by <br />City Council Resolution. <br />d. Payment by CITY shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to CITY accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by the CITY. <br />k"IIEW:%I <br />This Agreement shall commence on January 1, 2020 and continue until December 30, <br />2022 with the option for the CITY to grant up to two (2) one (1) year renewals, exercisable in <br />writing by the City Manager and the City Attorney, unless terminated earlier in accordance with <br />Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />CONSULTANT shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the CITY. This Agreement is not intended nor <br />shall it be construed to create an employer -employee relationship, a joint venture relationship, or <br />to allow the CITY to exercise discretion or control over the professional manner in which <br />CONSULTANT performs the services which are the subject matter of this Agreement; however, <br />the services to be provided by CONSULTANT shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. CONSULTANT shall pay all <br />salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, CONSULTANT shall <br />maintain and shall require its Subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. CONSULTANT shall maintain <br />commercial general liability insurance naming the CITY, its officers, employees, <br />agents, volunteers and representatives as additional insured(s) and shall include, <br />but not be limited to protection against claims arising from bodily and personal <br />injury, including death resulting therefrom and damage to property, resulting from <br />any act or occurrence arising out of CONSULTANT's operations in the <br />performance of this Agreement, including, without limitation, acts involving <br />vehicles. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death resulting <br />therefrom, and property damage, in the total amount of $2,000,000 per <br />occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the <br />#15078v4 <br />25B-7 <br />