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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 <br />be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />fc�:* <br />[ ul <br />This Agreement shall commence on the date first written above and terminate upon <br />expenditure of all funds, unless terminated earlier in accordance with Section 12, below. The <br />term of this Agreement may be extended upon a writing executed by the City Manager and the <br />City Attorney. <br />4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, <br />PROGRAMS AND SYSTEMS <br />Any and all records, papers, drawings, specifications, programs, systems and other <br />materials prepared by Consultant pursuant to this Agreement shall be the property of the City. <br />Consultant agrees to provide City with an <br />y such materials whenever requested to do so. <br />5. INDEPENDENT CONTRACTOR <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 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 />6. INSURANCE <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 />