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<br />3. TERM <br /> <br />This Agreement shall commence on the date first \\-Titten above and terminate on June 30, <br />2007, unless terminated earlier in accordance with Scction 12, helow. <br /> <br />4. INDHJ<;NDENT 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 intended nor <br />shall it he construed to create an employer-employee relationship, ajoint venture relationship, or <br />to allow the City to exercise discretion or control over the professional manner in vvhich <br />Consultant performs the services \'I/hich are the suhject matter of this Agreement: ho\vcver, the <br />services to be provided by Consultant shall be provided in a manner consistent with all <br />applicable standards and regulations guverning such services. Consultant shall pay all salaries and <br />wages, employerls social s(;x:urity 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 perrormanee of work under this Agreement, Consultant shall <br />maintain and shall n:quire its subcontractors, if any, to obtain and maintain insurance as <br />described bclow: <br /> <br />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />gcneralliahility insurance naming the City'-, its officers, employees, agents, volunteers and <br />representatives as additional insurcd(s) and shall includc, but not he limited to proteetion against <br />claims arising from bodily and personal injury, including death resulting then:i:rom and damage <br />to property, resulting from any act or occurrence arising oul or Consultant's operations in the <br />performance or this Agreement including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coveragc applying to <br />hodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $] ,000,000 per occurrence. Consultant shall supply City with a fully executed <br />additional insured endorsement in substantially the form attached hereto as Exhibit B upon <br />execution of this Agreement and shall be approved in lorm by the City Attorney, <br /> <br />b. Rusiness 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 coverage lor <br />owmxl hired and non-owned automobiles. <br /> <br />c. \V'orker's Compensation Insurance. In aCl.;ordance \vith the provisions of Section 3300 <br />of the Labor Code, ronsultant, ifConsullant has any employees, is required to be insured against <br />liability for \vorker's compensation or to undertake self-insurance. Prior to commencing the <br />performance of thL: \\'ork under this Agreement. Consultant agrees to ohtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br /> <br />2 <br />