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<br />^I his agreement shall commence on July 1, 2009 and terminate on June 30, 2010, unless <br />terminated earlier in accordance ~~ith Section 12. below. The term of this Agreement ma.' be <br />extended upon a writing executed by the Firc Chief and the City Attorne~~. <br />-1•. 1`UIi:YE\UH:1'1' CO'\'rIZACTOR <br />Consultant shall. during the entire term oCthis Agrcemcnt, be construed to be an <br />independent contractor and not an cmplo}~ce of the City. ~l"his Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship. a joint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in which <br />Consultant perlorms the services which are the subject matter of this Agreement; however, the <br />services to be provided by Consultant shall be pro ided in a manner consistent with all <br />applicable standards and regulations go~crning such services. Consultant shall pay all salaries and <br />~~a~~cs. employer's social security taxes. unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />~. INS[; i2,=ONCE <br />Prior to undertaking performance of work under this .Agrcemcnt. Consultant shall <br />maintain and shall require its subcontractors, if any. to obtain and maintain insurance as <br />described below: <br />a. Conunercial General Liability insurance. Consultant shall maintain commercial <br />~~eneral liahility insurance ~~hich shall include. but not be limited to protection against claims <br />allsln`~ from bodily and personal injur}. including death resulting therefrom and damage to <br />property . resultin~~ i~rorn anv act or occurrence arising out of Consultant's operations in the <br />performance oC this Agreement. including. without limitation. acts im~olving vehicles. The <br />amounts of" insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1.000.000 per occurrence, $2,000.000 in the aggregate. Such insurance shall (a) <br />name the City, its oi~ticcrs. employees, agents, volunteers and representatives as additional <br />insured(s): (b) be primary with respect to insurance or self=insurance programs maintained by the <br />City: and (c) contain standard separation of insureds provisions. <br />h. 13usincss automobile liability insurance, or equivalent form, «ith a combined single <br />limit of not less than S 1.000.000 per occurrence. Such insurance shall include coverage for <br />o~~ ned. hired and nun-owned automobiles. <br />c. ~~'orker's Compensation Insurance. In accordance with the provisions of Section 3300 <br />ofthc labor Code. Consultant. if Consultant has anv employees. is required to be insured against <br />liability for ~~orker-s compensation or to undertake self=insurance. Prior to commencin~z the <br />performance of the ~~ork under this ~'lgreement, Consultant agrees to obtain and maintain am~ <br />ernplo.cr's liability insurance ~yith limits not less than SI.000,000 per accident. <br />d. Professional liability (errors and omissions) insurance. with a combined single limit of <br />not less than S 1.000,000 per claim. <br />2 5~-4 <br />