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extended far three additional one-year terms upon a writing executed by the Fire Chief and the City Attorney, for the City and by Cansultant. 4. l~~Fl'ENll>« tiT Ct)i`~ITRACTOR. Consultant shall, during the entire term af'this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is net intended nor shall iC be construed to create an employer-employee relationship, a joint venture relationship, ar to alla~~° the City to exercise discretion or control aver the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Cansultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and tiva~res, employer's social security taxes, unemployment insurance and similar taxes relating to empla}°ees and shall be responsible for all applicable withholding taxes. 5. 1NSlu'RANCE Friar to undertaking performance of ~~-ark under this Agreement, Cansultant shall maintain and shall require its subcontractors, if an}', to obtain and maintain insurance as described belarv: a. l~ue to the nature of services provided. CCi[. insurance is net required. b. Worker's Compensation insurance. ]n accordance with the previsions of Section 330(? of the l..abor Code, Cansultant, if Cansuftant has any employees, is required to be insured against liability far worker's compensation ar to undertake self-insurance. Prior to commencing the performance of the wvark under This Agree~r-ent, Consultant agrees to obtain and maintain any employer's liability insurance ~m~ith lir~iits net less than 51,000,000 per accident. 6. Il\')~EMiViI" ICATIUN Consultant. agrees to and shall indemnify and Mild harmless the City, its af~iccrs, agents, en~playees. consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial ar equitable relief arising out ofclaims fir personal injury, including health, and claims far property damage, which ma~~ arise from the direct ar indirect operations of the Consultant ar its contractors. subcontractors, agents, employees. ar other persons acting on their behalf which relates to the services described in section 1 of this Agreement. "I'he Cansultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any attic>n by a third party asserting that personal injury, damages, just compensation, restitution, judicial err equitable relicfdue to personal or property rights arises by reason c>f the terms of; ar effects arising from this Agreement. City may make all reasonable decisions with respect to its representaticm in any legal proceeding. 25D-4