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b. City will be invoiced by Consultant after each event. Payment will be made within <br />forty-five (45) days of the date of the invoice. <br />3. TERM <br />The term of this Agreement shall commence on September 1, 2021 and terminate on <br />August 31, 2022, unless terminated earlier in accordance with Section 13, below. <br />4. INDEPENDENT CONSULTANT <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent Consultant 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, the <br />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 salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to its 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 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 <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts <br />of 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 $2,000,000 per occurrence. If a general aggregate <br />limit applies, either the general aggregate limit shall apply separately to this <br />project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be <br />twice the required occurrence limit. Such insurance shall (a) name the City, its <br />officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary with respect to insurance or self-insurance programs <br />maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall <br />include coverage for owned, hired and non -owned automobiles. <br />Page 2 of 8 <br />#21732v1 <br />