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b. Payment by City shall be wade within 45 days (forty-five) days following receipt of
<br />proper invoice evidencing work perl'brnned, subject to City accounting Procedures,
<br />Payment need not be made for work which fails to mcet the standards of performance
<br />set forth in the Recitals which may reasonably be expected by City,
<br />d, TERM
<br />This Agreement shall commerce on the date first written above for a three (3) year terns,
<br />unless terminated earlier in accordance with Section 13, below.
<br />4. IND117PFNDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreement, be construed to be an
<br />independent contractor and not ail employee of tilt City. This Agreement is not intended nor shall
<br />it be construed to create ail cmployei-employee relationship, a joint venture relationship, or to
<br />allow the City to exercise discretion or control over the processional manner in which Consultant
<br />performs the services which are the subject matter of this Agreement; however, the services to be
<br />provided by Consultant shall be provided in a. manner consistent with all applicable standards and
<br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be
<br />responsible for all applicable withholding taxes,
<br />S. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />turd shall require its subcontractors, ifany, to obtain and maintain insurance as described below.
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional insured(s) and shall include, but not be
<br />limited to protection against claims arising from bodily and personal injury,
<br />including death resulting therefrom and damage to property, resulting from, any act
<br />or occurrence arising out of Consultant's operations in the performance of this
<br />Agreement, including, without limitation, acts involving vehicles. "19ne amounts of
<br />insurance shall be not less than the following: single limit coverage applying to
<br />bodily and personal injury, including death resulting therefrom, and property
<br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
<br />aggregate. Such insurance shall (a) name the City, its officers, employees, agentg,
<br />and representatives as additional insured(s); (b) be primary and not contributory
<br />with respect to insurance or self-insurance programs maintained by the City; and
<br />(c) contain standard separation of insureds provisions,
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include
<br />coverage for owned, hired and non -owned automobiles.
<br />C. Worker's Compensation Insurance, In accordance with the provisions of Section
<br />3700 of the labor Code, Consultant, if Consultant has any employees, is required
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