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<br />.. ; <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />June 30,2002, unless terminated earlier in accordance with Section 12, below. The <br />term of this Agreement may be extended upon a writing executed by the Executive <br />Director of the Public Works Agency and the City Attorney. <br /> <br />4. INDEPENDENT CONTRACTOR <br /> <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 <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 /> <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 <br />commercial general liability insurance naming the City, its officers, agents, volunteers, <br />and employees 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 arising <br />out of Consultant'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 death <br />resulting therefrom, and property damage, in the total amount of $1 ,000,000 per <br />occurrence. Consultant 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 /> <br />b. Business automobile liability insurance, or equivalent form, with a combined <br />single limit of not less than $1,000,000 per occurrence. Such insurance shall include <br />coverage for owned, hired and non-owned automobiles. <br /> <br />c. Worker's Compensation Insurance. In accordance with the provisions of <br />Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is <br />required to be insured against liability for worker's compensation or to undertake self- <br /> <br />2 <br />