CIVIL SOURCE, INC. - 2012 - Laserfiche WebLink

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b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to 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. 4. TERM This Agreement shall commence on the date first set forth above and terminate June 30, 2013, unless terminated earlier in accordance with Section 13, below. The term may be extended upon the approval of the Executive Director of the Public Works Agency. 5. INDEPENDENT CONTRACTOR Consultant 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. Consultant is aware of and acknowledges the provisions of California Government Code sections 21220 et seq., providing that, subject to certain specified exceptions, any person retired under the California Public Employees' Retirement System (PERS) may not be employed in any capacity by a contracting agency such as the City unless he or she has first been reinstated from retirement pursuant to the provisions of the Government Code. Any employment of Consultant by the City contrary to the provisions of California Government Code sections 21220 et seq. may result in serious financial consequences for both Consultant and City. Should Consultant's services be deemed to violate these provisions, the parties agree that Consultant shall reimburse PERS for payments and charges finally imposed pursuant to Cal. Gov. Code §21220 (b), relating to a retired member's obligations. In such instance, the City shall reimburse PERS for payments and charges imposed pursuant to Cal. Gov. Code §21220 (c), relating to a public employer's obligations. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Public Liability and Property Damage Insurance coverage for owned, hired and non- owned automotive equipment operated on City premises, with a combined single limit of not less than $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident, which shall indemnify, insure and