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<br />'-' <br /> <br />-' <br /> <br />b. Payment by CITY shall be made within thirty (30) days following receipt of proper <br />invoice evidencing work performed, subject to CITY accounting proccdures. Payment need not <br />be made for work which fails to mcet the standards of performance set forth in the Recitals <br />which may reasonably be expected by CITY. <br /> <br />3. TERM <br /> <br />This Agrcement shall commence on the date first written above and terminate on <br />December, 2003, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreemcnt may be extended upon a writing executed by the Executive Director of Parks, <br />Recreation and Community Services and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />WINDS 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 ovcr the professional manncr in which <br />WINDS performs the services which are the subject matter of this Agreement; howcver, the <br />services to be providcd by WINDS shall be provided in a manner consistent with all applicable <br />standards and regulations governing such services. WINDS shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating to employees <br />and shall be responsible for all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement, WINDS shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br /> <br />a. Commercial General Liability Insurance. WINDS shall maintain commercial general <br />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 any act or occurrence arising out of WINDS' 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. WINDS shall supply CITY with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br />execution of this Agreement and shall be approved in form by the City Attorney. <br /> <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 /> <br />2 <br />