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3. TERM <br />This Agreement shall commence the date first written above and continue until August 31, <br />2022 with the option for the City to grant up to a two (2) one (1) year renewals, exercisable by a <br />writing by the City Manager and the City Attorney, unless terminated earlier in accordance with <br />Section 13. below. <br />4. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an independent <br />Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed <br />to create an employer -employee relationship, a joint venture relationship, or to allow the City to <br />exercise discretion or control over the professional manner in which Consultant performs the services <br />which are the subject matter of this Agreement; however, the services to be provided by Consultant <br />shall be provided in a manner consistent with all applicable standards and regulations governing such <br />services. 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 maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described 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 Contractor's operations in the performance of this Agreement, including, <br />without limitation, acts involving vehicles. The amounts of insurance shall be not less <br />than the following: single limit coverage applying to bodily and personal injury, <br />including death resulting therefrom, and property damage, in the total amount of <br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self- <br />insurance programs maintained by the City; and (c) contain standard separation of <br />insureds provisions. <br />b. Business automobile liability insurance, or equivalent form, with a combined single <br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage <br />for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 <br />of the Labor Code, Contractor, 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 />#19375v1 Page 2 of 7 <br />