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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. Additionally, the <br />City may terminate this Agreement if the Santa Ana City Council fails to approve funding for <br />the Agreement for any fiscal year covered herein. This Agreement may be renewed for five <br />additional one-year terms in an annual amount not to exceed $ Such <br />renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations <br />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 <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 <br />relationship, or to allow the City to exercise discretion or control over the professional manner <br />in which Contractor performs the services which are the subject matter of this Agreement; <br />however, the services to be provided by Contractor shall be provided in a manner consistent <br />with all applicable standards and regulations governing such services. Contractor shall pay all <br />salaries and wages, employer's social security taxes, unemployment insurance and similar <br />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 <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, 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 Contractor's operations in the performance <br />of this Agreement, including, without limitation, acts involving vehicles. The amounts of <br />insurance shall be not less than the following: single limit coverage applying to bodily and <br />personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed <br />additional insured endorsement in substantially the form as set forth in Exhibit "C" attached <br />hereto upon execution of this Agreement. Said endorsement shall be approved in form by <br />the City Attorney. <br />b. Business 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 <br />for owned, hired and non -owned automobiles. <br />c. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3300 of the Labor Code, Contractor is required to be insured against liability for worker's <br />compensation or to undertake self-insurance. Prior to commencing the performance of the <br />15 <br />25A-36 <br />