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3.TERM <br />This Agreement shall commence on October 4, 2022, and continue through September 30, <br />2025, with the option the City to grant up to two (2) one (l) year renewals, exercisable by a writing <br />by the City Manager and the City Attorney, unless terminated earlier in accordance with Section <br />13, below. City shall recognize any services provided since October 1, 2022. <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 shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of tbis Agreement; however, the services to be <br />provided 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 />5.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 />Coverage shall be at least as broad as: <br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 <br />covering CGL on an "occurrence" basis, including products and completed operations, <br />property damage, bodily injury and personal & advertising injury with limits no less <br />than $1,000,000 per occurrence. If a general aggregate limit applies, either the general <br />aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) <br />or the generalaggregate limit shall be twice the required occurrence limit. <br />2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, <br />Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- <br />owned), withlimit no less than $1,000,000 per accident for bodily injury and property <br />damage. <br />3. Workers' Compensation insurance as required by the State of California, with <br />StahitoryLimits, and Employer's Liability Insurance with limit of no less than <br />$1,000,000 per accident for bodily injury or disease. (Not required if consultant <br />provides writtetx verification they have no employees) <br />4. Professional Liability (Errors and Omissions) Insurance appropriates to the <br />Consultant'sprofession, with limit no less than $2,000,000 per occurrence or claim, <br />$2,000,000 aggregate. <br />If the Consultant maintains broader coverage and/or igher limits than the minimums <br />shown above, the City requires and shall be entitled to the broader coverage and/or the <br />higher limits maintained by the contractor. Any available insurance proceeds in excess of <br />Page 2 of 9