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<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 procedures. Payment need not be <br /> made for work which fails to meet the standards of performance set forth in the Recitals which <br /> may reasonably be expected by City. <br /> 4. TERM <br /> This Agreement shall commence on the date first written above and terminate on June 1, <br /> 2011. <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 applicable <br /> standards and regulations governing such services. Consultant 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 /> 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 described <br /> below: <br /> a. Due to the nature of services provided, Commercial General Liability Insurance will <br /> not be required. <br /> b. 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 to be insured <br /> against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br /> the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br /> employer's liability insurance with limits not less than $1,000,000 per accident. <br /> 7. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold hannless the City, its officers, agents, <br /> employees, consultants, special counsel, and representatives from liability for personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br /> personal injury, including death, and claims for property damage, which may arise from the <br /> negligence, recklessness or willful misconduct of the Consultant or its contractors, <br /> subcontractors, agents, employees, or other persons acting on their behalf which relates to the <br /> services described in section 1 ofthis Agreement. <br /> 8. CONFIDENTIALITY <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 that <br />