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<br />d. Consultant shall monthly submit a bill with invoice or other documentation <br />evidencing services provided during the prior month. <br /> <br />3. WORK PRODUCT <br /> <br />Any and all information, reports and other data resulting from this Agreement shall be the <br />sole property of the City, and the City shall have the right to use such materials for any purpose <br />whatsoever. The Consultant may retain for its own internal use, copies of such materials. <br /> <br />4. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on April <br />30, 2005, unless terminated earlier in accordance with Section I2, below. The term of this <br />Agreement may be extended upon a writing executed by the City Manager and the City <br />Attorney. <br /> <br />5. 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 />6. INDEMNIFICATION <br /> <br />Consultant shall indemnify and hold City harmless from and against any and all claims <br />that may at any time be made against the City as a result of statements made or materials <br />produced by Consultant except to the extent that such claims result from the negligence of the <br />City. Consultant shall submit all proposed statements or materials to City for approval prior to <br />the publication of such statements and materials. <br /> <br />City shall indemnify and hold Consultant harmless from and against any and all claims <br />that may at any time be made against Consultant as a result of statements made or materials <br />produced by Consultant and approved by the City except to the extent that such claims result <br />from the negligence of the Consultant. <br /> <br />7. CONFIDENTIALITY <br /> <br />If Consultant receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br />that it shall not use or disclose such information except in the performance of this Agreement, <br /> <br />2 <br />