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Payment by City for services under subsections ii and iii shall be made within thirty (30) days <br />following receipt of proper invoice evidencing work performed, 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, where the City <br />has notified Contractor promptly of such failure and allowed the Contractor a reasonable opportunity <br />to re- perform the subject work to bring it to standard. <br />b. <br />3. TERM <br />Notwithstanding the date of execution of this Agreement, performance of services under <br />this Agreement shall commence on November 18, 2014 and continue through December 31, <br />2015, unless terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <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 />employees social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br />5. INSURANCE <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. Due to the nature of services provided, Commercial General Liability insurance is not <br />required. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self - insurance. Prior to commencing <br />the performance of the work under this Agreement, Contractor agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />d. Professional liability (errors and omissions) insurance, with a combined single <br />limit of not less than $1,000,000 per claim. <br />e. If Consultant fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has been <br />procured and is in force and paid for, the City shall have the right, at the City's election, to <br />forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be <br />paid for its time and materials expended prior to notification of termination. Consultant waives <br />the right to receive compensation and agrees to indemnify the City for any work performed prior <br />to approval of insurance by the City. <br />25Q -4 <br />