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be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />This Agreement shall commence on October _ 2014 and terminate on September 30, <br />2016, unless terminated earlier . in accordance with Section 12, below.. The term of this <br />Agreement may be extended for up to three (3) one -year periods upon a writing executed by the <br />Consultant, City Manager and the City Attorney at the fee as set forth in Section 2, hereof. <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 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 performs the services which are 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 />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. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 <br />of 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 />perfonnance 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 />b. Professional liability (errors and "omissions) insurance, with a combined single limit of <br />not less than $1,000,000 per claim. <br />25G -4 <br />