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The Agreement may be renewed up to two (2) times, for an additional one-year <br />period each time, upon mutual agreement between the parties, and in writing executed <br />by the City Manager, or his/her designee, and the City Attorney, or his/her designee and <br />the Consultant. <br />4. 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 <br />nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />5. 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. <br />Consultant shall maintain commercial general liability insurance <br />naming the City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including <br />death resulting therefrom and damage to property, resulting from any <br />act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts <br />involving vehicles; the insurance shall be primary and non- <br />contributory with respect to insurance or self-insurance programs <br />maintained by the City; and contain standard separation of insureds <br />provisions. <br />ii. The amounts of insurance shall be not less than the following: single <br />limit coverage applying to bodily and personal injury, including death <br />resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence with $2,000,000 in the aggregate. <br />Consultant shall supply City with a fully executed additional insured <br />endorsement in a form approved by the City Attorney's Office. <br />b. Worker's Compensation Insurance. In accordance with the <br />provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any <br />Agreement between City of Santa Ana and Concentra <br />25E-39 <br />