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<br /> <br /> <br /> <br /> <br /> hundred fifty-eight thousand, nine hundred eighty dollars ($558,980.00), during the term of this <br /> Agreement. <br /> <br /> b. Payment by City shall be made within thirty (30) days following receipt of proper <br /> invoice evidencing work performed during the prior month, subject to City accounting <br /> procedures. Payment need not be made for work which fails to meet the standards of <br /> performance set forth in the Recitals which may reasonably be expected by City. <br /> <br /> 4. TERM <br /> This Agreement shall commence on July 1, 2012 and terminate on June 30, 2013 unless <br /> terminated earlier in accordance with Section 13, below. The City may terminate this Agreement <br /> if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year <br /> covered herein. This Agreement may be renewed for up to four additional one-year terms on the <br /> mutual agreement of the parties. <br /> <br /> 5. INDEPENDENT CONTRACTOR <br /> <br /> Contractor 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 /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Contractor shall be provided in a manner consistent with all applicable <br /> standards and regulations governing such services. Contractor shall pay all salaries and wages, <br /> employer's social security taxes, unemployment insurance and similar taxes relating to employees <br /> and shall be responsible for all applicable withholding taxes. <br /> 6. INSURANCE <br /> <br /> Prior to undertaking performance of work under this Agreement, Contractor shall <br /> maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described <br /> below: <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance which shall include, but not be limited to protection against claims <br /> arising from bodily and personal injury, including death resulting therefrom and damage to <br /> property, resulting from any act or occurrence arising out of Consultant's operations in the <br /> performance of this Agreement, including, without limitation, acts involving vehicles. The <br /> amounts of insurance shall be not less than the following: single limit coverage applying to bodily <br /> and personal injury, including death resulting therefrom, and property damage, in the total <br /> amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, <br /> employees, agents, volunteers and representatives as additional insured(s); (b) be primary and <br /> not-contributory with respect to insurance or self-insurance programs maintained by the City; and <br /> (c) contain standard separation of insureds provisions. <br /> b. Business automobile liability insurance, or equivalent form, with a combined single <br /> limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for <br /> owned, hired and non-owned automobiles. <br /> <br /> <br /> <br /> 2 <br /> 251-12 <br />