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<br /> <br /> <br /> <br /> 2011, unless terminated earlier in accordance with Section 12, below. The term of this <br /> 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 independent <br /> contractor and not an employee of the City. This Agreement is not intended nor shall it be <br /> construed to create an employer-employee relationship, a joint venture relationship, or to <br /> allow the City to exercise discretion or control over the professional manner in which <br /> Consultant performs the services which are the subject matter of this Agreement; however, <br /> the 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 <br /> and wages, employer's social security taxes, unemployment insurance and similar taxes <br /> relating to employees and shall be responsible for all applicable withholding taxes. <br /> 5. INSURANCE <br /> Prior to undertaking performance of work under this Agreement, Consultant shall maintain <br /> and shall require its subcontractors, if any, to obtain and maintain insurance as described <br /> below: <br /> a. Commercial General Liability Insurance. Consultant shall maintain commercial <br /> general liability insurance naming the City, its officers, employees, agents, volunteers <br /> and representatives as additional insured(s) and shall include, but not be limited to <br /> protection against claims arising from bodily and personal injury, including death <br /> resulting therefrom and damage to property, resulting from any act or occurrence <br /> arising out of Consultant's operations in the performance of this Agreement, <br /> including, without limitation, acts involving vehicles. The amounts of insurance shall <br /> be not less than the following: single limit coverage applying to bodily and personal <br /> injury, including death resulting therefrom, and property damage, in the total amount <br /> of $1,000,000 per occurrence. Consultant shall supply City with a fully executed <br /> additional insured endorsement in substantially the form attached hereto as Exhibit B <br /> upon execution of this Agreement and shall be approved in form by the City Attorney. <br /> b. (reserved) <br /> c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 <br /> of the Labor Code, Consultant, if Consultant has any employees, is required to be <br /> 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 <br /> than $1,000,000 per accident. <br /> d. The following requirements apply to the insurance to be provided by Consultant <br /> pursuant to this section: <br /> 2 <br />