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b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment need not be <br />made for work which fails to meet the standards of performance set forth in the Recitals which <br />may reasonably be expected by City. <br />3. TF,RM <br />The term of this Agreement shall be for a period of tour (4) consecutive one-year terms, <br />beginning with the tiscal year ending June 30, 2006, with an option to extend for three additional <br />one-year terms, exercisable at the discretion of the Director of Pinance and Management <br />Services. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, dw~ing 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, ajoint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consuhant 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 and <br />wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />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, ifany, 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, agents, volunteers, and employees as <br />additional insureds) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting fi~om any act or occurrence arising out of Consultant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not Icss dean the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefi'om, and property damage, in the total amount of $1,000,000 per <br />occurrence. Consultant shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit Q upon execution of this Agreement and shall <br />be approved in form by the City Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for workers compensation or to undertake self-insurance. Prior to commencing <br /> <br />