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<br />.' <br /> <br />-- <br /> <br />- <br /> <br />additional services plus original services shall not exceed Three Hundred Sixty <br />Thousand Two Hundred Fifty Dollars ($360,250.00), <br /> <br />c. 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 <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2003, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of Public Works <br />Agency and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Consuhant 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, 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 /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, Consuhant shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br /> <br />a, Commercial General Liability Insurance, Consuhant shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured( s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resuhing therefrom and damage to property, <br />resuhing from any act or occurrence arising out ofConsuhant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles, The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death resuhing therefrom, 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 D upon execution of this Agreement and shall <br />be approved in form by the City Attorney, <br /> <br />2 <br />