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standards of performance set forth in the Recitals which may reasonably <br />be expected by City. <br />4. TERM <br />This Agreement shall be for a three (3) year term, commencing on the date first <br />written above and terminating on February 14, 2024, unless terminated earlier in <br />accordance with Section 14, below. The term of this Agreement may be extended for up <br />to one year upon a writing executed by the City Manager and the City Attorney. <br />5. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to <br />be an independent contractor and not an employee of the City. This Agreement is not <br />intended nor shall it be construed to create an employer -employee relationship, a joint <br />venture relationship, or to allow the City to exercise discretion or control over the <br />professional manner in which Consultant performs the services which are the subject <br />matter of this Agreement; however, the services to be provided by Consultant shall be <br />provided in a manner consistent with all applicable standards and regulations governing <br />such services. Consultant shall pay all salaries and wages, employer's social security <br />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 <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, <br />volunteers and representatives as additional insured(s) and shall include, but not <br />be limited to protection against claims arising from bodily and personal injury, <br />including death resulting therefrom and damage to property, resulting from any act <br />or occurrence arising out of Consultant's operations in the performance of this <br />Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property <br />damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the <br />aggregate. Such insurance shall (a) name the City, its officers, employees, agents, <br />and representatives as additional insured(s); (b) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City; and <br />(c) contain standard separation of 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 <br />coverage for owned, hired and non -owned automobiles. <br />C. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required <br />to be insured against liability for worker's compensation or to undertake self- <br />insurance. Prior to commencing the performance of the work under this <br />Page 2 of 7 <br />