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3. TERM <br />This Agreement shall commence on the date first written above and terminate on <br />November 17, 2015 unless terminated earlier in accordance with Section 12, below. The Term <br />of this Agreement may be extended for one (1) additional year under the same terms and <br />conditions upon a writing executed by the City Manager and the City Attorney. <br />4. INDEPENDENT CONTRACTOR <br />Consultant and all temporary employees furnished by Consultant shall, during the entire <br />term of this Agreement, be construed to be independent contractors and not employees of the <br />City. This Agreement is not intended nor shall it be construed to create an employer-employee <br />relationship, a joint venture relationship, or to allow the City to exercise discretion or control <br />over the professional manner in which Consultant performs the services which are the subject <br />matter of this Agreement; however, the services to be provided by Consultant shall be provided <br />in a manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, unemployment <br />insurance and similar taxes relating to employees and shall be responsible for all applicable <br />withholding taxes. <br />5. INSURANCE <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 />a. Commercial General Liability Insurance. Consultant shall maintain commercial <br />general liability insurance which shall include, but not be limited to protection against claims <br />arising from bodily and personal injury, including death resulting therefrom and damage to <br />property, resulting from any act or occurrence arising out of Consultant's operations in the <br />performance of this Agreement, including, without limitation, acts involving vehicles. The <br />amounts of insurance shall be not less than the following: single limit coverage applying to <br />bodily and personal injury, including death resulting therefrom, and property damage, in the total <br />amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. Such insurance shall (a) <br />name the City, its officers, employees, agents, volunteers and representatives as additional <br />insured(s); (b) be primary and not contributory with respect to insurance or self-insurance <br />programs maintained by the City; and (c) contain standard separation of insureds provisions. <br />b. Worker's Compensation Insurance. In accordance with the provisions of Section <br />3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured <br />against liability for worker's compensation or to undertake self-insurance. Prior to commencing <br />the performance of the work under this Agreement, Consultant agrees to obtain and maintain any <br />employer's liability insurance with limits not less than $1,000,000 per accident. <br />