25A - TRAFFIC SIGNAL AND STREET LIGHTING

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billing is in excess of $500 per intersection. iii. The Contractor shall prepare a separate invoice for intersections that are shared with other jurisdiction listed in Exhibit A, Appendix B, or as requested by the Traffic Engineer. Invoices for Street Light S sy tem i. For routine maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to address, dates worked, work performed and materials used as itemized in Exhibit A, Division III, Section 5, "Street Light Routine Maintenance". ii. For extraordinary maintenance billing, an itemized invoice per month will be required. Invoices shall be itemized as to, the purpose for the work, Date of repairs, addresses of repairs, a description of the repairs and a full itemized accounting of all material, equipment and labor costs. Each invoice shall be for one (1) days work, each day's work shall be on one (1) invoice. c. Payment by City shall be made within thirty (30) days following receipt of such invoice evidencing work performed, subject to normal City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. However, payment shall not be made to the Contractor until the required reports and As-Builts have been properly submitted for work completed. 3. TERM This Agreement shall commence on September 1, 2009 and will terminate August 31, 2012, unless terminated earlier in accordance with Section 13, below. Funding for the initial one-year period has been approved by the City Council. If the City Council fails to approve continued funding for this Agreement over the subsequent one-year periods from September 1 through August 31, said Agreement will automatically terminate on the expiration of the then current term. The term of this Agreement may be extended for up to two additional one-year periods, with the mutual consent of the parties. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this 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 relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are. the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insureds) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or 2 25A-5