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<br />. <br /> <br />I <br /> <br />3. TERM <br /> <br />This Agreement shall commence on the date first written above and terminate on <br />December 31, 2002, unless terminated earlier in accordance with Section 12, below. The term of <br />this Agreement may be extended upon a writing executed by the Executive Director of <br />Community Development Agency and the City Attorney. Consultant shall adhere to the <br />following timeline: <br /> <br />· A Scope of Work including a draft audit report shall be presented by the <br />auditor to the Santa Ana Empowerment Corporation (SAEC) Board of <br />Directors on September 25,2002. <br />· Final audit shall be completed by October 31, 2002. <br />· Prior to the completion of the audit, the auditors shall appear at the SAEC <br />board meeting on September 25, 2002 or October 23,2002. <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 City. This Agreement is not intended nor shall it <br />be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards <br />and regulations governing such services. Consultant shall pay all salaries and wages, employer's <br />social security 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 commercial <br />general liability insurance naming City, its officers, agents, volunteers, and employees as <br />additional insured(s) and shall include, but not be limited to protection against claims arising <br />from bodily and personal injury, including death resulting therefrom and damage to property, <br />resulting from any act or occurrence arising out of Consultant's operations in the performance of <br />this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance <br />shall be not less than the following: single limit coverage applying to bodily and personal injury, <br />including death 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 endorsement in <br />substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall <br />be approved in form by the City Attorney. <br /> <br />2 <br />