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3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 30, <br />2013, unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the <br />Community Development Agency 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 Successor Agency. This Agreement is not <br />intended nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the Successor Agency to exercise discretion or control over the <br />professional manner in which Consultant performs the services which are the subject matter of <br />this 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 />5. INSURANCE <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 />a. Due to the nature of services, no general liability :-_?_:urance is required. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with lim:ts not less than $1,000,000 per accident. <br />c. Professional liability (errors and omissions) insurance, with a combined single limit <br />of not less than $1,000,000 per claim. <br />d. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />(i) Consultant shall maintain all insurance required above in full force and <br />effect for the entire period covered by this Agreement. <br />(ii) Certificates of insurance shall be furnished to the Successor Agency upon <br />execution of this Agreement and shall be approved in form by the <br />Successor Agency Counsel. <br />EXHIBIT I <br />5-4