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be made for work which fails to meet the standards of performance set forth in the Recitals <br />which may reasonably be expected by City. <br />"NEFOWIi31 <br />This Agreement shall commence on December 1, 2006 and terminate on November 30, <br />2008 unless terminated earlier in accordance with Section 12, below. The term of this <br />Agreement may be extended for three successive twelve month periods upon a writing executed <br />by the City Manager and the City Attorney. In the event the City Council does not budget <br />sufficient funds to continue services for a new fiscal year, the City shall notify Contractor of <br />such occurrence and shall terminate this Agreement on the last day of the fiscal period without <br />penalty to City. <br />4. INDEPENDENT CONTRACTOR <br />Contractor 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 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 />Contractor performs the services which are the subject matter of this Agreement; however, the <br />services to be provided by Contractor shall be provided in a manner consistent with all <br />applicable standards and regulations governing such services. Contractor 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 />5. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall <br />maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below: <br />a. Commercial General Liability Insurance. Contractor 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, to the extent resulting from any negligent act or occurrence arising out of <br />Contractor's operations in the performance of this Agreement, including, without limitation, <br />negligent acts involving vehicles. The amounts of insurance shall be not less than the following: <br />single limit coverage applying to bodily and personal injury, including death resulting therefrom, <br />and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply <br />City with a fully executed additional insured certificate in substantially the form attached hereto <br />as Exhibit C upon execution of this Agreement and shall be approved in form by the City <br />Attorney. <br />b. Employer's liability insurance, with a combined single limit of not less than <br />$1,000,000 per occurrence. <br />