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b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subjcct to City accounting procedures. Payment need not be made for work which fails to mcet the standards of performance set f0l1h in the Recitals which may reasonably be expected hy City. 3, TERM This Agreement shall commence on thc date first written ahove and terminate on June 30, 2007, unless terminated earlicr in accordance with Section 12, below. The term of this Agreement may bc extended upon a writing executed by the Executive Director of the Community Development Agency and the City Attomey, 4, INDEPENDENT CONTRACTOR Consultant shall, during the entire term ofthis Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture rclationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to bc provided by Consultant shall he provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall bc responsible for all applicable withholding taxes. 5, INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, If any, to obtain and maintain insurance as described below: a. Commercial Gcncral Liability Tnsurance. Consultant shall maintain commercial gencral liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but uot be limited to protection against claims arising from baddy and personal injury, including death resulting therefrom and damagc to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts ufinsurance shall be not Icss than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and proper1y damage, in the total amount of S 1,000,000 per occurrencc. Consultant shall supply City with a fully executed additional insured endorsemcnt in substantially the form attached hcreto as Exhibit n upon execution of this Agreement and shall be approved in fonn by the City Attomcy. b_ Rusiness automobile liability insurance, or equivalent fonn, with a combined single limit of not less than $1,000,000 per occunence. Such insurance shall include covcrage for ow ned, hired and non-owned automobiles. 2