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<br />below. Services provided by Consultant since July 1, 2008 shall be included with in the <br />Scope of Services ofthis Agreement. The term of this Agreement may be extended upon <br />a writing executed by the Executive Director of Parks, Recreation and Community <br />Services Agency and the City 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 <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 /> <br />5. INSURANCE <br /> <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 /> <br />a. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000.00 per occurrence. Such insurance shall include <br />coverage for owned, hired and non-owned automobiles. <br /> <br />b. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3300 ofthe Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self-insurance. <br />Prior to commencing the performance of the work under this Agreement, Consultant <br />agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br /> <br />c. Professional liability (Errors and Omissions) insurance, with a combined <br />single limit of not less than $1,000.000.00 per claim. <br /> <br />d. The following requirements apply to the insurance to be provided by <br />Consultant pursuant to this section: <br /> <br />(i) Consultant shall maintain all insurance required above in full force <br />and effect for the entire period covered by this Agreement. <br /> <br />(ii) Certificates of insurance shall be furnished to the City upon <br />execution of this Agreement and shall be approved in form by the <br />City Attorney. <br />