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no savings are found and/or if the City elects not to proceed with ProcureAmerica s <br />recommendations. If the City elects to proceed with ProcureAmerica's <br />recommendations, the review costs associated with the cost reduction services will be <br />paid from the actual savings and thereafter Consultant will be paid 40% of the net <br />savings realized. <br />b) Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice per expense category as described in the Statement of Work attached hereto as <br />Exhibit A. <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2018, unless terminated earlier in accordance with the Statement of Work or 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 taxes. <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. 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 <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds provisions. <br />2 <br />25G -4 <br />