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upon grant funding being secured by the City and if such funding is not secured, then <br />the Agreement will terminate when the current year's funding is exhausted. <br />b. Payment by City shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed and deliverables completed, subject to City <br />accounting procedures. Payment need not be made for work, which fails to meet the <br />standards of performance set for in the Recitals, which may reasonably be expected <br />by City. <br />0100B M <br />This Agreement shall commence on June 16, 2015 and terminate on June 15, 2016, with <br />two (2) one (1) year options to renew at the City's sole discretion by the City Manager and <br />contingent upon funding being secured by the City, unless terminated earlier in accordance with <br />Section 13, below. <br />4. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, SPECIFICATIONS, <br />PROGRAMS AND SYSTEMS <br />Any and all records, papers, plans, drawings, specifications, programs, systems and other <br />materials prepared by Consultant pursuant to this Agreement shall be the property of the City. <br />Consultant agrees to provide the City with any such materials whenever requested to do so. <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 <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 />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 <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and <br />employees as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />25D -6 <br />