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shall be delivered to Santa Ana upon completion of the services hereunder. <br />4. TERM <br />This Agreement shall commence on the date first written above and terminate within one year <br />from the date first written above, unless terminated earlier in accordance with Section 13, below. <br />The term of this contract may be extended upon a writing executed by the Chief of Police and the <br />City Attorney. <br />5. 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 allow the <br />City to exercise discretion or control over the professional manner in which Consultant performs <br />the services which are the subject matter of this Agreement; however, the services to be provided <br />by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />6. 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 below: <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general <br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting there from and damage to property, resulting from any <br />covered act or occurrence arising out of Consultant's operations in the performance of this <br />Agreement. The amounts of insurance shall be not less than the following: single limit coverage <br />applying to bodily and personal injury, including death resulting there from, and property damage, <br />in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully <br />executed additional insured endorsement to be approved in form by the City Attorney. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Consultant, if Consultant has any employees, is required to be insured against <br />liability for worker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />c. Professional Liability Insurance. If Consultant is or employs a licensed professional such as <br />an architect or engineer, Consultant shall provide professional liability (errors and omissions) <br />insurance, with a combined single limit of not less than $1,000,000 per claim and not less than <br />$2,000,000 annual aggregate. <br />d. The following requirements apply to the insurance to be provided by Consultant pursuant <br />to this section: <br />(i) Consultant shall maintain all insurance required above in full force and effect for <br />the entire period covered by this Agreement. <br />25E-4 Page 2 of 7