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4. PAYMENT <br />A. Pursuant to Government Code Section 51350, City agrees to pay to <br />Agency the costs of its employees in performing the services mutually agreed upon in <br />this Agreement. The cost of services includes salaries, wages, benefits, mileage, services, <br />supplies and divisional, departmental and Agency overhead. <br />B. The rate charged to City by Agency shall be computed by Agency <br />in accordance with Agency's standard practice and billing policy. <br />C. Agency shall invoice City upon completion of the specific event. <br />5. STATUS OF AGENCY <br />Agency is, and shall at all times be deemed to be, an independent <br />contractor. Nothing contained herein shall be construed as creating the relationship of <br />employer and employee, or principal and agent, between City and Agency or any of <br />Agency's agents or employees. Agency shall retain all authority for the rendition of <br />services, standards of performance, control of personnel, and other matters incident to the <br />performance of services by Agency pursuant to this Agreement. Agency, its agents and <br />employees, shall not be entitled to any rights or privileges of City employees and shall <br />not be considered in any manner to be City employees. <br />6. INDEMNIFICATION <br />A. Agency, its officers, agents and employees shall not be deemed to <br />have assumed any liability for the negligence or any other act or omission of City or any <br />of its officers or employees, or for any dangerous or defective condition of any public <br />property of City, or for any illegality or unconstitutionality of City's municipal <br />ordinances. City shall indemnify and hold Agency, its officers, agents, employees, and <br />independent contractors free and harmless from any claim or liability whatsoever, based <br />or asserted upon the condition of any public work or property of City or upon the <br />illegality or unconstitutionality of any municipal ordinances of City that Agency had <br />enforced, or upon any act or omission of City, its officers, agents, employees, <br />subcontractors or independent contractors related to this Agreement, for property <br />damage, bodily injury or death or any other element of damage of any kind or nature, and <br />City shall defend at its expense, including attorney's fees, Agency, its officers, agents, <br />employees and independent contractors in any legal action or claim of any kind based <br />14- 4174/107070 2 <br />