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accounting procedures. Payment need not be made for work that fails to meet the standards of <br />performance set forth in the Recitals that may reasonably be expected by City. <br />3. USE AND OWNERSHIP OF DOCUMENTS <br />It is understood by and agreed to between the parties that all documents, outlines, <br />materials distributed during classes, and any other written papers or materials prepared for the <br />presentations hereunder, paid for with Grant funds, or composed utilizing information provided <br />by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon <br />completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such <br />property for its own business purposes so long as such use is not contrary to the interests of Santa <br />Ana. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2011, unless terminated earlier in accordance with Section 13 below. <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 <br />applicable standards and regulations governing such services. Consultant shall pay all salaries <br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees 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 <br />described below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting there from and damage to property, <br />resulting from any covered act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting there from, <br />and property damage, in the total amount of S 1,000,000 per occurrence. Consultant shall supply <br />City with a fully executed additional insured endorsement to be approved in form by the City <br />Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against