EXOTIC LANGUAGES AGENCY (ELA) 3 - Laserfiche WebLink

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Agreement may be extended upon a writing executed by the Deputy City Manager for Devclopment Services and/or the Executive Director of the Cummunity Development Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be eonstmed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the snbjcet matter of this Agreement; however, thc services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment in~urance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE In accordancc with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employccs, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any required employer's liability insurance with limits not less than $1,000,000 per accident. Consultant shall maintain Workers Compensation insurance in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be fumished to the City upon execution of this Agreement and shall be approved in form by the City Attomey. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless thc City, its ollicers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compcnsation, restitution, judicial or equitable relief arising out of claims for persunal injury, including hcalth, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persuns acting on their behalf which relates to the services described in section I of this Agreement. The Cunsultant 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 action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due tu personal or property rights arises by reasun ofthe terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect lo its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such infoilllation is reasonably understood to he confidential and/or proprietary, Consultant agrees 2