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<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 aHow the City to exen:isc discretion or control over the professional manner in which <br />Consultant performs the services which arc the subject matter of this Agreement; ho\vever, the <br />services to bc provided by Consultant sball be provided in a manner consistent witb all <br />applicable standards and regulations governing sllch services. Consultant shall pay all salaries and <br />wages, employer's social security taxes. unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable witbbolding taxes. <br /> <br />5. INSURANCE <br /> <br />Prior to undertaking performance of work under this Agreement. Consultant shall <br />maintain ano shall require its subcontractors. if any, to ohtain and maintain insuranl:e as <br />described below: <br /> <br />a. Professional liability (errors and omissions) insurance, with a comhined single limit <br />of not less than $1,OOO.IJIJIJ per elaim. <br /> <br />b. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance reqnired above in ledl force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certiticatcs of insurance shall be furnished to thc City upon execution of <br />this Agreement and shall be approved in lorm by the City Attorney. <br />(iii) Certitlcates and policies sball state that the policies shall not be canceled <br />or reduced in coverage or changed in any other material aspect without <br />thirty (30) days prior written notice to the City. <br /> <br />c. If Consultanl l'ails or refuses to produce or maintain the insurance required by this <br />section or fails or refuses to furnish the City \-vith required proof that insurance has heen procured <br />and is in force and paid for. the City shall have tbe rigbt, at the City's election. to forthwitb <br />terminate tbis Agreement. Such termination shall not effect Consultant's right to be paid for its <br />time and materials expended prior to notification ot" termination. Consultant waives tht: right to <br />rccei \it: compensation and agrees to indemnify the City tor any \vork per1~}rmcd prior to approval <br />of insurance by the Cily. <br /> <br />6. IlIIDEMlIIIFICATION <br /> <br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br />employecs, consultants. special counsel. and representatives from liability: (1) for personal <br />injury, damages, just compensation, restitution, judicial or equitable reliet" arising out of claims <br />for personal injury. including health. and claims for property damage. \vhich may arise from the <br /> <br />2 <br />