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<br />. , <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on March <br />I, 2002 unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended upon a writing executed by the Executive Director of the Public <br />Works Agency and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <br />Consultant shall, during the entire term ofthis 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 /> <br />5. INSURANCE <br /> <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 /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance naming the City, its officers, employees, agents, volunteers and <br />representatives as additional insured(s) and shall include, but not be limited to protection against <br />claims arising from bodily and personal injury, including death resulting therefrom and damage <br />to property, resulting from any act or occurrence arising out of Consultant's operations in <br />performance ofthis Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limited coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of as previously approved and on file with City. <br /> <br />b. Reserved. <br /> <br />c. Reserved. <br /> <br />d. Reserved. <br /> <br />e. The following requirements apply to the insurance to be provided by Consultant <br />pursuant to this section: <br />