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3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />unless terminated earlier in accordance with Section 12, below. This Agreement may be renewed, at <br />the option of the City, for two additional two-year terms in a monthly concession fee amount of <br />$ . Such renewal(s) shall be in a writing executed by the Executive Director of the Parks <br />Recreations and Community Services Agency and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor performs the services which are <br />the subject matter of this Agreement; however, the services to be provided by Contractor shall be <br />provided in a manner consistent with all applicable standards and regulations governing such services. <br />Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and <br />similar taxes relating to its 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 maintain and <br />shall require its subcontractors, if any, to obtain and maintain insurance as described below: <br />a. Commercial General Liability Insurance. Contractor shall maintain commercial general <br />liability insurance naming the City, its officers, agents, volunteers, and employees as additional <br />insured(s) and shall include, but not be limited to protection against claims arising from bodily and <br />personal injury, including death resulting therefrom and damage to property, resulting from any act or <br />occurrence arising out of Contractor's operations in the performance of this Agreement, including, <br />without 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 resulting <br />therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall <br />supply City with a fully executed additional insured endorsement in substantially the form as set forth <br />in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved <br />in form by the City Attorney. <br />b. Business automobile liability insurance, or equivalent form, with a combined single limit of not <br />less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and <br />non-owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of <br />the Labor Code, Contractor is required to be insured against liability for worker's compensation or to <br />undertake self-insurance. Prior to commencing the performance of the work under this Agreement, <br />Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than <br />$1,000,000 per accident. <br />196-22