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Agreement may be extended upon a writing executed by the Deputy City Manager for <br /> Development Services and the City Attorney. <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 nor <br /> shall it be construed to create anemployer-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 performs the services which aze the subject matter of this Agreement; however, the <br /> services to be provided by Consultant shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such 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 withholding taxes. <br /> 5. INSURANCE <br /> In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if <br /> Consultant has any employees, is required to be insured against liability for worker's <br /> compensation or to undertake self-insurance. Prior to commencing the performance of the work <br /> under this Agreement, Consultant agrees to obtain and maintain any required employer's liability <br /> insurance with limits not less than $1,000,000 per accident. Consultant shall maintain Workers <br /> Compensation insurance in full force and effect for the entire period covered by this Agreement. <br /> Certificates of insurance shall be furnished to the City upon execution of this Agreement and <br /> shall be approved in form by the City Attorney. <br /> 6. INDEMNIFICATION <br /> Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, <br /> employees, consultants, special counsel, and representatives from liability for personal injury, <br /> damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br /> personal injury, including health, and claims for property damage, which may arise from the <br /> direct or indirect operations of the Consultant or its contractors, subcontractors, agents, <br /> employees, or other persons acting on their behalf which relates to the services described in <br /> section 1 of this Agreement. The Consultant further agrees to indemnify, hold hazmless, and pay <br /> all costs for the defense of the City, including fees and costs for special counsel to be selected by <br /> the City, regarding any action by a third pazty asserting that personal injury, damages, just <br /> compensation, restitution, judicial or equitable relief due to personal or property rights azises by <br /> reason of the terms of, or effects azising from this Agreement. City may make all reasonable <br /> decisions with respect to its representation in any legal proceeding. <br /> 7. CONFIDENTIALITY <br /> If Consultant receivos from the City information which due to the nature of such <br /> information is reasonably understood to be confidential and/or proprietary, Consultant agrees <br /> <br /> that it shall not use or disclose such information except in the performance of this Agreement, <br /> 2 <br /> <br />