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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 of a professional Title <br />Insurance Company. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on March <br />31, 2018, unless terminated earlier in accordance with Section 12, below, The term of this <br />Agreement may be extended upon a writing executed by the City Manager and the City Attorney <br />for two additional one -year terms. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, daring 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 naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from acts or occurrence arising out of Consultant's perfonmance of this <br />Agreement. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. <br />Consultant shall supply City with a fully executed additional insured endorsement in <br />substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall <br />be approved in form by the City Attorney. <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 />25F -34 <br />