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2. TERM <br />This Agreement shall commence on the date first written above and terminate on September <br />19, 2003. The term of this Agreement may be extended upon a writing executed by the <br />Executive Director of the Parks, Recreation and Community ServicesAgency and the City <br />Attorney. <br />3. INDEPENDENT CONTRACTOR <br />PROMOTER shall, during the entire tern of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not in intended <br />nor shall it be construed to create an employer - employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional manner <br />in which PROMOTER performs the which are the subject matter of this Agreement, however, <br />the services to be provided by PROMOTER shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. PROMOTER shall pay all <br />salaries and wages, employer's social security taxes. Unemployment insurance and similar <br />taxes relating to employees and shall be responsible for all applicable withholding taxes. <br />4. INSURANCE <br />Prior to undertaking performance of work under this Agreement, PROMOTER shall maintain <br />and shall require its subcontractors, if any, to obtain and maintain insurance as described <br />below: <br />a. Commercial General Liability Insurance. PROMOTER shall maintain commercial <br />general liability insurance naming the City, its officers, agents, volunteers, and <br />employees as additional insured(s) and shall include, but not be limited to protection <br />against claims arising from bodily and personal injury, including death resulting <br />therefrom and damage to property, resulting from any act or occurrence arising out of <br />PROMOTER's operations in the performance of this Agreement, including, without <br />limitation, acts involving vehicles. The amounts of insurance shall be not less than the <br />following: single limit coverage applying to bodily and personal injury, including <br />death resulting therefrom, and property damage, in the total amount of $1,000,000 per <br />occurrence. PROMOTER shall supply City with a fully executed additional insured <br />endorsement in substantially the form attached hereto as Exhibit B upon execution of <br />this Agreement and shall be approved in form by the City Attorney. <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 3300 <br />of the Labor Code, PROMOTER, if PROMOTER has any employees, is required to <br />be insured against liability for worker's compensation or to undertake self - insurance. <br />Prior to commencing the performance of the work under this Agreement, <br />PROMOTER agrees to obtain and maintain any employer's liability insurance with <br />limits not less than $1,000,000 per accident. <br />