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<br />this Agreement may he extended upon a writing executed by' the City Manager and the City <br />Attorney. <br /> <br />4. 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 allmv the City to exercise disl:retion or control over the professional manner in which <br />Consultant performs the services which are the subject matter of this Agreement~ ho\vever, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations governing slIch services. Consultant shall pay all salaries and <br />wages. employer1s social security taxes, unemploymt:nt insurance and similar taxes relating to <br />employees and shall he responsible for all applicable withholding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance ofwark under this Agreement. Consultant shall <br />maintain and shall require its subcontractors, if any. to obtain and maintain insurance as <br />described helow: <br /> <br />a. Due to the nature ofth~ services provided, commercial general liability insmance is <br />not required. <br /> <br />b. Worker's Compensalion Insmance. 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 \\-'orker's compensation or to undettake self-insurance. Pdor to commencing <br />the performance of the \\'ork under this Agreement, Consultant agre~s lo obtain and maintain any <br />employer.s liability insurance with limits not less than $1,000.000 pcr accident. <br /> <br />6. INDEMNIFICATiON <br /> <br />Consultant agrees tu and shall indemnify and hold harmless the City. its ollicers, agents. <br />emrloyees. consultants, special counsel, and representatives from liability for personal injury. <br />damages. just compensation, restitution, judicial or equitable relief arising out of claims lor <br />personal injury, including health, and claims for property damage. whidl may arise from the <br />direct or indirect operations of the Constiltant or its contractors, subcontractors, agents. <br />employees, Ot. other persons acting on their behalfwhieh rclates to the services d~slTibed in <br />section I of this Agreement. This indemnity and hold harmless agreement applies to all claims <br />for damages. just compensation, restitution, judicial or equitable relicfsuffered. or alleged to <br />have been suffered. by reason orthe events referred to in this Section or by rt:3S011 of the terms <br />of: or effeds, arising from this Agreement. The Consultant further agrees to indemnify. hold <br />harmless. and pay all costs for the defense of the City, including fees and costs 1'01' special <br />counsel to be selected by thc City. regarding any aetion by a lhird palty challenging thc validity <br />of this Agreement. or asserting that personal injury. damages. just compensation, restitution. <br />judicial or equitahle relief due to personal or property rights arises by reason of the terms or. or <br /> <br />2 <br />