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