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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 />3. TERM <br />This Agreement shall commence on the date first written above and terminate on October <br />1, 2014, unless terminated earlier in accordance with Section 12, below. <br />4. 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 tares. <br />5. 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 />a. Co erc/GnJer Liability Insuranc . Consultant shall ain tain Comm cial �t general liabi ' y insung the City its facers agents, vo nteers, and em oyees as additional i sured(s) nclude, but t be limited to pr ction against ims arising <br />from bodi and perudi death resulting th efrom and d age to property, <br />resultin om any a a ' mg out of Consul nt's operation in the performance of <br />this A Bement, in uding, ' itation, acts invo mg vehicles. a amounts of insurance <br />shall not less an the folingle limit cover ge applying to odily and personal injury, <br />incl ing deat resulting thand property d age, in the tot amount of $1,000,000 per <br />occ rrence. onsultant shaCity with a y executed ad itional insured endorsement in <br />su stantia the form attacho as Exhibit upon execution of this Agreement and shall <br />appr ed in form by the rney. <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 />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />