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<br />~ <br /> <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance set <br />forth 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 <br />upon expenditure of all allocated funds. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant 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 <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br /> <br />5. INSURANCE <br /> <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 /> <br />a. Commercial General Liability Insurance. Consultant shall maintain <br />commercial general liability insurance naming the City, its officers, agents, volunteers, <br />and employees as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />Consultant's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including death <br />resulting 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 <br />endorsement in substantially the form attached hereto as Exhibit D upon execution of this <br />Agreement and shall be approved in form by the City Attorney. <br /> <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 include <br />coverage for owned, hired and non-owned automobiles, <br /> <br />2 <br />