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month, subject to City accounting procedures. Payment need not be made far work which <br />fails to meet the standards of performance set forth in the Recitals which may reasonably <br />be expected by City. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />City's acceptance of the fully functioning application. <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 <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be responsible <br />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 />Worker s Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this <br />Agreement, Consultant agrees to obtain and maintain any employer's liability <br />insurance with limits not less than $1,000,000 per accident. <br />INDEMNIFICATION <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, <br />agents, employees, consultants, special counsel, and representatives from liability: (1) for <br />personal injury, damages, just compensation, restitution, judicial or equitable relief <br />arising out of claims for personal injury, including health, and claims for property <br />damage, which may arise from the director indirect operations of the Consultant or its <br />contractors, subcontractors, agents, employees, or other persons acting on their behalf <br />which relates to the services described in section 1 of this Agreement; and (2) from any <br />claim that personal injury, damages, just compensation, restitution, judicial or equitable <br />relief is due by reason of the terms of or effects arising from this Agreement. This <br />