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10. Allow City to audit an assigned account at any time. <br />11. Maintain a valid Collection License and bonding as required by the State of <br /> California, Bureau of Collection and Investigative Services. <br /> <br />B. City will: <br /> <br />1. Use reasonable care to assign bonafide miscellaneous accounts receivable claims to <br /> Consultant. <br />2. Use its best efforts to verify any disputed amount. <br />3. Warrant the accounts assigned to Consultant are first placements (no collection <br /> agency has attempted to contact the debtor by letter service or otherwise) and <br /> understands the commission rates herein are based on this representation. <br /> <br />2. COMPENSATION <br /> <br /> a. Consultant shall retain commission on all monies collected on assigned accounts as set <br />forth in Section 1, SCOPE OF SERVICES. <br /> <br />3. TERM <br /> <br /> This Agreement shall commence on July 1,2003 and terminate on June 30, 2006, unless <br />terminated earlier in accordance with Section 12, below. This Agreement may be extended for <br />two one-year terms upon writing executed by the Executive Director of Finance and <br />Management Services and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <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 /> <br />5. INSURANCE <br /> <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 /> <br /> <br />